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Canada

Executive Summary

The constitution guarantees freedom of conscience, religion, thought, belief, opinion, expression, and the right to equal protection and benefit of the law without discrimination based on religion. The government does not require religious groups to register, but some registered groups may receive tax-exempt status. On December 7, the Court of Appeal ruled that the Canadian Church of Atheism did not qualify as a religion for purposes of obtaining charitable status. In June the Quebec government passed and implemented a law prohibiting certain categories of provincial government employees from wearing religious symbols while exercising their official functions, while requiring individuals seeking certain provincial government services to do so with the “face uncovered.” Observers said the legislation targeted Muslim women and would also effectively exclude some religious Christians, Muslims, Sikhs, and Jews from positions of authority, including positions in the national legislature, education, the courts, and law enforcement. The National Council of Canadian Muslims, Canadian Civil Liberties Association, and an individual plaintiff filed a legal challenge to the law in the Quebec Superior Court. In May an Ontario court dismissed the appeal of Ontario physicians who objected on religious and/or moral grounds to a provincial policy requiring them to refer patients for “medical services such as medical assistance in dying, abortion and reproductive health services.” In conjunction with a new antiracism strategy addressing all forms of discrimination, including based on religion, in June the government adopted the International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism. In March the Saskatchewan Court of Appeal heard the appeal of a 2017 lower court ruling in a decade-long case concerning whether the province could fund non-Catholic students to attend Catholic schools. The appeal process continued through year’s end.

Reports continued of anti-Muslim and anti-Semitic activity, including cases of violence, hate speech, harassment, discrimination, and vandalism. In July Statistics Canada released hate crime statistics for 2018 showing the number of police-reported religiously motivated hate crimes was approximately 24 percent lower in 2018 than 2017, dropping to a total of 639; reported crimes against Muslims decreased by 50 percent, while those against Jews decreased by 4 percent. In 2018, the most recent year for which there were statistics, the B’nai Brith Canada League for Human Rights reported in its annual Audit of Anti-Semitic occurrences there were 11 cases of anti-Semitic violence nationwide, 221 reports of anti-Semitic vandalism, and 1809 occurrences of harassment, approximately 90 percent of which reportedly occurred online; physical location and identities of those posting the online messages are unknown. B’nai Brith received a total of 2,041 reports of anti-Semitic cases in 2018, compared with 1,752 reports of anti-Semitic cases in 2017 and 1,728 cases in 2016. In February a Quebec judge sentenced a man to a minimum term of 40 years after he pled guilty in 2018 to six counts of first-degree murder for killing six worshippers at the Islamic Cultural Centre of Quebec in 2017. In August a taxi driver was arrested and charged with assaulting a Jewish man wearing a kippah, who reportedly wanted to take a photograph of the taxi to file a complaint about the taxi driver’s anti-Semitic comments. In November the Anti-Defamation League (ADL) released the results of a survey on anti-Semitic views of the country’s adult population. It said 8 percent harbored anti-Semitic views, down from 14 percent in its previous 2014 survey which it stated represented the percentage of persons who agreed that a majority of the 11 statements were “probably true.”

The Ambassador, embassy and consulate officials, and other U.S. government officials raised respect for religious freedom and diversity with the national and provincial government. They also raised how we might partner to promote religious freedom around the world, better support individuals persecuted for their religion, and counter rising threats to religious freedom. Embassy officials discussed strategies to combat religious intolerance through engagement with religious leaders, nongovernmental organizations (NGOs), and religious minority groups. The embassy sponsored and participated in public programs and events encouraging interfaith dialogue and freedom of religion. In October the Quebec City Consul General held a breakfast with faith leaders to discuss interfaith dialogue and cooperation. The embassy amplified these activities through social media.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of conscience, religion, thought, belief, opinion, and expression. Every individual is equal under the law and has the right to equal protection and benefit of the law without discrimination based on religion. The law imposes “reasonable limits” on the exercise of these religious rights only where such restrictions can be “demonstrably justified in a free and democratic society.” The law permits individuals to sue the government for “violations” of religious freedom. Federal and provincial human rights laws prohibit discrimination on the grounds of religion. Civil remedies include compensation and/or changes to the policy or practice responsible for the discrimination.

The law does not require religious groups to register, but the government grants tax-exempt status to religious groups that register as nonprofit organizations with the Charities Directorate of the Canada Revenue Agency. Nonprofit status provides such organizations with federal and provincial sales tax reductions, rebates, and exemptions. To gain and retain tax-exempt status, a group must be nonpolitical and undergo periodic audits. Charitable status also grants members of the clergy various federal benefits, including a housing deduction under the tax code and expedited processing through the immigration system. The term “clergy” includes persons whose communities have licensed, ordained, or otherwise formally recognized them for their religious leadership and authority to perform spiritual duties and services within their religious organization. Individual citizens who donate to tax-exempt religious groups receive a federal tax receipt entitling them to federal income tax deductions.

The criminal code prohibits the practice of polygamy, which is an indictable offense subject to imprisonment of up to five years.

A Quebec government law passed and implemented in June prohibits certain government employees from wearing religious symbols while exercising their official functions. The law defines a religious symbol as “any object, including clothing, a symbol, jewelry, an adornment, an accessory, or headwear, that (1) is worn in connection with a religious conviction or belief; or (2) is reasonably considered as referring to a religious affiliation.” Among categories included in the law are president and vice presidents of the national assembly; administrative justices of the peace; certain municipal court employees; police, sheriffs and deputy sheriffs; certain prosecutors and criminal lawyers; and certain principals, vice principals, and teachers, among others. The law also requires anyone seeking certain provincial government services to do so with “face uncovered.” The bill invoked the “notwithstanding clause” of the federal constitution, which permits a province to override specific constitutional protections for a period of five years to prevent citizens from bringing challenges to the law based on the federal constitution. The religious symbols ban applies to public school teachers, government lawyers, judges, prison guards, and police officers, among others. It exempts provincial employees working prior to the implementation of the law, but they lose their right to wear religious symbols upon changing jobs or receiving a promotion.

Government policy and practices regarding education, including regulation of religious schools, fall under the purview of the provincial, rather than federal, governments. Six of the 10 provinces provide full or partial funding to some religious schools.

Catholic and Protestant schools in Ontario, Alberta, and Saskatchewan retain the federal constitutionally protected right to public funding they gained when those provinces joined the federation. Other provinces either had no legally recognized denominational schools that qualified for such protection at the time of federation or accession, or they subsequently secured a federal constitutional amendment to terminate religious education funding rights and introduce an exclusively secular publicly funded education system. Federal statutory protection for Catholic and Protestant publicly funded minority education exists in the Yukon, Nunavut, and Northwest Territories, which do not have provincial status. Constitutional or federal statutory protection for public funding of religious education does not extend to schools of other religious groups, although British Columbia, Alberta, Saskatchewan, Manitoba, and Quebec offer partial funding to religious schools of any faith that meet provincial scholastic criteria. The law permits parents to homeschool their children or enroll them in private schools for religious reasons.

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

Government Practices

On December 7, the Federal Court of Appeal ruled that the Canadian Church of Atheism of Central Canada did not qualify as a charity under the Income Tax Act in part because it could not be found to be a “religion” in a charitable sense. The court based its finding on the Church’s failure to “demonstrate that its belief system was based on a particular and comprehensive system of doctrine and observances.” In its ruling, the court also noted that registration of an organization as a charity under the Income Tax Act is a privilege, and not a right.

In June the National Council of Canadian Muslims, Canadian Civil Liberties Association, and an individual plaintiff filed a legal challenge in Quebec Superior Court against the provincial law prohibiting certain categories of government employees from wearing religious symbols while exercising their official functions. According to press reports, observers said the legislation would exclude some religious Muslims, Sikhs, and Jews from positions of authority, including in education and law enforcement. The observers also said the legislation unfairly targeted Muslim women in the province who wear hijabs or other head coverings. The challenged law was the third attempt by a Quebec government to pass such legislation regarding the delivery of provincial services; a Parti Quebecois government introduced a bill in 2013 but did not pass it before the 2014 Quebec election, and a Liberal government passed a bill in 2017 that never entered into effect because a series of judicial injunctions suspended its application. The plaintiffs also challenged portions of the newly passed law prohibiting individuals from receiving certain government services with their faces covered. The plaintiffs sought a temporary injunction against implementation of the law, but the Quebec Superior Court declined the request in July. In August the Quebec Court of Appeal agreed to hear the plaintiffs’ appeal of that decision, and in October the court declined to temporarily stay imposition of the law pending a ruling on its constitutionality; as a result, the law remained in force. In September a multifaith organization filed a separate challenge to the law on behalf of three teachers – a Roman Catholic and two Muslims – who wore religious symbols. In October the English Montreal School Board, the largest English language school board in Quebec, challenged the law in court. In November a Quebec teachers union representing 45,000 teachers also filed suit. In total, four different lawsuits challenging the constitutionality of the Quebec law remained pending at year’s end.

In May an Ontario court dismissed the appeal of Ontario physicians who objected on religious and/or moral grounds to a provincial policy that required them to provide patients with referrals for “medical services such as medical assistance in dying, abortion, and reproductive health services.” Federal law permits assisted death and abortion but specifies doctors have the right to freedom of conscience and the right not to perform or assist in providing the procedures. Ontario is the only province requiring referral directly to another individual physician if the treating physician has a religious or moral objection to providing the specified service. Ontario physicians had appealed a lower court ruling upholding the referral requirement. The Ontario Court of Appeals found that the physician referral mechanism struck the appropriate balance between a physician’s right to freedom of religion and a patient’s right to medical services.

In April a British Colombia (B.C.) court retried James Oler, a member of the FLDS Church, on charges that he unlawfully removed his underage daughter from Canada in 2004 to marry her to a 24-year-old U.S. citizen in Nevada. The court found Oler guilty after retrial, and in August sentenced him to 12 months in prison. A trial judge had acquitted Oler of the same charges following a trial in 2017 based on what the B.C Court of Appeal deemed to be the trial court’s erroneous interpretation of the required elements of the offense. The B.C. Court of Appeal overturned the acquittal in 2018 and ordered a new trial after the government appealed.

In February a federal trial court, which sits below the Supreme Court, stayed on procedural grounds seven of eight cases brought in 2018 by religious and other organizations seeking to reverse the denial of their federal grant applications. The federal government denied their applications over issues regarding an attestation the federal government imposed as a condition of receiving funding for the Canada Summer Jobs Program that year. For the first time, organizations were required to attest that their core mandate and the job for which they planned to use the federal funds respected the Canadian Charter of Rights and Freedoms, as well as other rights and associated case law. The plaintiffs stated the attestation infringed on their rights to freedom of religion and of expression. The attestation included language that such rights “include reproductive rights, and the right to be free from discrimination on the basis of sex, religion, race, national or ethnic origin, color, mental or physical disability, sexual orientation, or gender identity or expression.” The court stayed seven of the cases until the first case, filed by Toronto and Area Right to Life (TRTL), is heard, based on a finding that there was “substantial overlap” of the legal issues involved in the eight cases.

In late 2018, the federal government made changes to the 2019 summer jobs application’s attestation, with new language focusing on activities for which the funds could not be used, rather than on the values of any given organization. According to media reports, TRTL filed a second lawsuit after it was also denied a grant in 2019. The cases were pending at year’s end.

In March the Saskatchewan Court of Appeal heard the appeal of a 2017 lower court ruling in a decade-long case concerning whether the province could fund non-Catholic students to attend Catholic schools. In 2017, the lower court had ruled that providing public funding for non-Catholic students to attend Catholic schools discriminated against secular schools and those of other religious groups in favor of Catholic education; it ordered the province to stop funding those students by the end of June 2018. The court had also ordered the government of Saskatchewan and the provincial Catholic School Boards Association to pay 960,000 Canadian dollars (C$) ($738,000) toward the opposing public school board’s legal costs. The Court of Appeal stayed the imposition of the funding order pending resolution of the appeal. At year’s end, the appeal remained pending.

On January 27, Prime Minister Justin Trudeau issued a statement for International Holocaust Memorial Day, stating that Canada must also acknowledge its “own history of anti-Semitism, and its devastating results.” He pledged to “stand guard and speak out against anti-Semitism in our communities, to embrace our differences, and to find strength in our diversity.” On May 1, the prime minister issued a statement for Holocaust Memorial Day in which he said anti-Semitism was on the rise and stating, “We will not be silent in the face of oppression, or indifferent in the face of hate. We will always speak out against anti-Semitism, discrimination, and hatred in all its forms, and together, we will counter them.”

On May 7, Prime Minister Trudeau attended the National Holocaust Remembrance Day Ceremony and delivered remarks in which he noted that “once again, people filled with hate are emerging from the shadows. Hateful words and speeches are spreading on social media and spreading across our daily lives.” He also stated, “The lessons of the Holocaust are at risk of being forgotten if we stand idly by, if we remain silent in the face of these events,” and that “it is our solemn duty as politicians, as leaders, as human beings, to stand united with one voice, and to say without equivocation, that anti-Semitic hatred has no place in Canada, or anywhere else.”

In June the government announced a new anti-racism strategy for 2019-2022 with the stated objective of combating systemic racism and discrimination of all kinds, including discrimination based on religion. The strategy also envisaged providing funding to empower religious minorities and others with expertise in addressing various forms of racism and discrimination and changing attitudes by increasing awareness of the historical roots of racism and discrimination. As part of that strategy, the country adopted the IHRA definition of anti-Semitism.

France

Executive Summary

The constitution and the law protect the right of individuals to choose, change, and practice religion. Interior Minister Christophe Castaner announced that since 2018 authorities had closed 159 institutions open to the public, including 13 places of worship, to combat Islamism and secluded communities. President Emmanuel Macron and other government officials again condemned anti-Semitic, anti-Muslim, and anti-Christian acts, and the government augmented from 7,000 to 10,000 the number of security forces it deployed to protect religious and other sensitive sites. President Macron publicly stated anti-Semitism had grown and reached its worst level since World War II. He called anti-Zionism a modern form of anti-Semitism and said it was why the government would implement the International Holocaust Remembrance Alliance’s (IHRA) definition of anti-Semitism. The National Assembly separately passed a resolution adopting the IHRA definition. Interior Minister Castaner and Justice Minister Nicole Belloubet announced additional measures to combat anti-Semitism, including enhanced security for religious sites and improved guidance for prosecutors evaluating hate crimes. As part of the 2018-2020 national plan to combat racism and anti-Semitism, the government awarded the first annual national anti-racism prize and dedicated 2.3 million euros ($2.58 million) for local projects on the issue. The government continued to enforce a ban on full-face coverings in public and the wearing of “conspicuous” religious symbols in public schools and by officials offering public services. Police in Grenoble fined female Muslim protesters for bathing in burkinis in a public swimming pool. An assemblyman in Dijon turned away a Muslim woman accompanying her son to the regional legislature for refusing to remove her hijab. Interior Minister Castaner included “rigid religious practice, particularly exacerbated in Ramadan,” and “regular and ostentatious practice of ritual prayer” in a list of possible indicators of Islamist radicalization. The minister of the armed forces acknowledged government responsibility for the 1942 roundup of 13,000 French Jews deported to extermination camps.

Religiously motivated crimes included attempted murder, assault, threats, hate speech, discrimination, and vandalism. The government reported 1,052 anti-Christian incidents, most of which involved vandalism or arson of churches and cemeteries, compared with 1,063 in 2018; 154 incidents targeting Muslims, including attempted murder, compared with 100 in 2018; and 687 anti-Semitic incidents, including a violent assault against a Jewish taxi driver, death threats against a mayor, harassment of a prominent Jewish philosopher, and desecration of Jewish cemeteries, an increase of 27 percent compared with the 541 incidents recorded in 2018. The rise in anti-Semitic incidents stemmed from a 50 percent increase in threats; other incidents, including attacks on persons – which fell by 44 percent – declined by 15 percent. Authorities charged a man with attempted murder for shooting outside a mosque two persons who caught him as he tried to set fire to the mosque. A court ruled the confessed killer of a Jewish woman in 2017 could not be held criminally responsible because he was in a delusional state from smoking marijuana before the killing. Lawyers for the family announced their intention to appeal the ruling. A Paris court of appeals convicted Abdelkader Merah of complicity in the 2012 killings by his brother of seven persons outside a Jewish school. A study found 42 percent of Muslims reported experiencing religious discrimination at least once in the previous five years. A European Commission (EC) survey found 72 percent of respondents thought anti-Semitism was a problem in the country and another EC survey found 69 percent believed religious discrimination was widespread. A sports retailer cancelled plans to sell a hijab for runners after widespread criticism of the measure.

The U.S. embassy, consulates general, and American Presence Posts (APPs) discussed religious tolerance, anti-Semitic and anti-Muslim acts, the role of religious freedom in combating violent extremism, and cooperation on these issues with officials at the Ministries of Interior and Foreign Affairs and the Interministerial Delegation to Fight Against Racism, Anti-Semitism and Anti-LGBT Hate (DILCRAH). The Ambassador and embassy, consulate, and APP officials met regularly with religious communities and their leaders throughout the country to discuss religious freedom concerns and encourage interfaith cooperation and tolerance. The embassy sponsored projects and events to combat religious discrimination and religiously-motivated hate crimes. The embassy sponsored the participation of interfaith representatives in a U.S. program with themes of religious cooperation and pluralism. It also funded religious tolerance workshops for youths led jointly by Jewish and Muslim organizations in Bordeaux.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution defines the country as a secular republic and states it “shall ensure the equality of all citizens before the law,” regardless of religion, and shall respect all beliefs. The law provides for the separation of religion and state and guarantees the free exercise of religious worship except to maintain public order.

The law, as well as international and European covenants to which the country adheres, protects the freedom of individuals to choose, change, and practice their religion. Interference with freedom of religion is subject to criminal penalties, including a fine of 1,500 euros ($1,700) and imprisonment of one month. Individuals who are defendants in a trial may challenge the constitutionality of any law they say impedes their freedom of religion.

Laws increase the penalties for acts of violence or defamation when they are committed because of the victim’s actual or perceived membership or nonmembership in a given religious group. Additional penalties beyond those for the underlying crime for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000 to 75,000 euros ($50,600-$84,300), depending on the severity of the victims’ injuries. For religiously motivated acts of public defamation, defined as an allegation of fact that affects the honor of a person or body, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($50,600). The government may expel noncitizens for inciting discrimination, hatred, or violence against a specific person or group of persons based on religion.

Although the law does not require it, religious groups may apply for official recognition and tax-exempt status. Religious groups may register under two categories: associations of worship, which are exempt from taxes; and cultural associations, which normally are not exempt. Associations in either category are subject to fiscal oversight by the state. An association of worship may organize only religious activities. Although not tax-exempt, a cultural association may engage in for-profit as well as nonprofit activity and receive government subsidies for its cultural and educational operations. Religious groups normally register under both of these categories. For example, Catholics perform religious activities through their associations of worship and operate schools through their cultural associations.

Religious groups must apply at the local prefecture (the administrative body representing the central government in each department) for recognition as an association of worship and tax-exempt status. In order to qualify as an association of worship, the group’s sole purpose must be the practice of religion, which may include liturgical services and practices, religious training, and the construction of buildings serving the religious group. The association must also engage in public worship and respect public order. Among excluded activities are those that are purely cultural, social, or humanitarian in nature. To apply for this tax-exempt status, the association must provide to the prefecture its estimated budget for the year, annual accounts for the previous three years or since the association’s creation, whichever is shorter, a written justification of eligibility for the status, and the number of members of the association. In Paris, the association must have a minimum of 25 members. Once granted, the association may use the tax-exempt status nationwide. The government does not tax associations of worship on donations they receive. If the prefecture determines an association is not in conformity with its tax-exempt status, however, the government may change that status and require the association to pay taxes at a rate of 60 percent on past, as well as future, donations until it regains tax-exempt status. According to the Ministry of Interior (MOI), 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status. The number of cultural associations, many of which are not associated with religious groups, is in the thousands and changes frequently. Cultural associations may be declared using an online form through the government’s public administration website. Cultural associations, even if associated with religious groups, may operate without applying for government recognition.

The law states, “Detained persons have the right to freedom of opinion, conscience, and religion. They may practice the religion of their choice…without other limits than those imposed by the security needs and good order of the institution.”

Counterterrorism legislation grants prefects in each department the authority to close a place of worship for a maximum of six months if they find comments, writings, or activities in the place of worship “provoke violence, hatred or discrimination or the commission of acts of terrorism or praise such acts of terrorism.” The management of the place of worship has 48 hours to appeal the closure decision to an administrative court. Noncompliance with a closure decision carries a six-month prison sentence and a fine of 7,500 euros ($8,400). The core provisions of the legislation will expire at the end of 2020 unless renewed by parliament.

The law prohibits covering one’s face in public places, including public transportation, government buildings, and other public spaces, such as restaurants and movie theaters. If police encounter a person in a public space wearing a face covering such as a mask or burqa, they are legally required to ask the individual to remove it to verify the individual’s identity. According to the law, police officials may not remove it themselves. If an individual refuses to remove the garment, police may take the person to the local police station to verify his or her identity. Police may not question or hold an individual for more than four hours. Refusing a police instruction to remove a face-covering garment carries a maximum fine of 150 euros ($170) or attendance at a citizenship course. Individuals who coerce another person to cover his or her face on account of gender by threat, violence, force, or abuse of power or authority are subject to a fine of up to 30,000 euros ($33,700) and may receive a sentence of up to one year in prison. The fine and sentence are doubled if the person coerced is a minor.

The law prohibits agents of the administration, public services, and companies or associations carrying out public services from demonstrating their religion through visible signs of religious affiliation, such as the Muslim headscarf, Jewish skullcap, Sikh turban, or Christian cross. The prohibition applies during working hours and at the place of employment.

By law, the government may not directly finance religious groups to build new places of worship. The government may, however, provide loan guarantees or lease property to groups at advantageous rates. The law also exempts places of worship from property taxes. The state owns and is responsible for the upkeep of most places of worship, primarily Catholic, built before 1905. The government may fund cultural associations with a religious connection.

The law separating religion and state does not apply in three classes of territories. Because Alsace-Lorraine (currently comprising the departments of Haut-Rhin, Bas-Rhin, and la Moselle and known as Alsace-Moselle) was part of Germany when the law was enacted, Catholics, Lutherans, Calvinists, and Jews there may choose to allocate a portion of their income tax to their religious group. Pastors, priests, and rabbis of these four recognized faiths in Alsace-Moselle receive a salary from the interior ministry, and the country’s president, with the agreement of the Holy See, appoints the Catholic bishops of Metz and Strasbourg. The prime minister appoints the chief rabbi and the presidents of the Jewish and Protestant consistories in Alsace-Moselle, and the interior minister appoints ministers of the three Christian churches in the region. Local governments in the region may also provide financial support for constructing religious buildings. The overseas department of French Guiana, which is governed under 19th century colonial laws, may provide subsidies to the Catholic Church. Other overseas departments and overseas territories, which include island territories in the Caribbean and the Atlantic, Pacific, and Indian Oceans, and several sub-Antarctic islands, may also provide funding for religious groups. This provision also applies to the portion of Antarctica the government claims as an overseas territory.

Public schools are secular. The law prohibits public school employees from wearing visible signs of religious affiliation and students from wearing “conspicuous religious symbols,” including the Muslim headscarf, Jewish skullcap, Sikh turban, and large Christian crosses. Public schools do not provide religious instruction except in Alsace-Moselle and overseas departments and territories. In Alsace-Moselle, religious education regarding one of the four recognized faiths is compulsory in public primary and secondary schools, although students may opt for a secular equivalent with a written request from their parents. Religious education classes are taught by laypersons who are trained and nominated by the respective religious groups but are paid by the state. Elsewhere in the country, public schools teach information about religious groups as part of the history curriculum. Parents who wish their children to wear conspicuous religious symbols or to receive religious instruction may homeschool or send their children to a private school. Homeschooling and private schools must conform to the educational standards established for public schools.

By law, the government subsidizes private schools, including those affiliated with religious organizations. In 98 percent of private schools, in accordance with the law, the government pays the teachers’ salaries, provided the school accepts all children regardless of their religious affiliation. The law does not address the issue of religious instruction in government-subsidized private schools or whether students must be allowed to opt out of such instruction.

Missionaries from countries not exempt from entry visa requirements must obtain a three-month tourist visa before traveling to the country. All missionaries from non-exempt countries wishing to remain longer than 90 days must obtain long-duration visas before entering the country. Upon arrival, missionaries must provide a letter from their sponsoring religious group to apply to the local prefecture for a temporary residence card.

The law criminalizes the Boycott, Divestment, and Sanctions (BDS) movement against Israel, treating it as “a provocation to discrimination or hatred or violence towards a person or a group of persons because of their origin or belonging to an ethnic group, a nation, a race, or a determined religion.”

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

Government Practices

On November 28, at a conference of the country’s prefects, Interior Minister Castaner announced the nationwide expansion of an initial program authorities had implemented since February 2018 to counter “Islamism and communitarianism,” the latter term referencing, according to the Observatory for Secularism, a trend for community withdrawal and separation from the rest of society, up to and including enforcement of rules specific to that community. The initial project targeted 15 communities “particularly touched by the phenomenon of political Islam,” according to Secretary of State to the Minister of the Interior Laurent Nunez in a November 15 interview. In these communities, the MOI had conducted 1,030 inspections of establishments open to the public, including pubs, cafes, and liquor stores; cultural and sports establishments; private schools; and places of worship. As a result of the inspections, during that period the MOI closed 133 drinking establishments, 13 places of worship, four schools, and nine cultural establishments because, according to Nunez in his interview, those establishments employed a “communitarian” or “political Islam” discourse that put “the laws of God before the laws of the Republic.” The government did not identify the specific sites it closed under the initial program.

The prefect of Isere, who is subordinate to the minister of interior, closed the Al-Kawthar Mosque in Grenoble for six months starting February 7. The MOI stated it closed the mosque because it posted videos on its YouTube channel that incited hatred and violence towards Christians and Jews; its imam’s sermons justified armed jihad; and the mosque was frequented by known extremists. There were no reports the mosque reopened after the six-month period. The government said it closed one other mosque and monitored 63 mosques during the year but did not identify them or provide other details. On June 13, the association Action Muslim Rights (ADM) released a report criticizing the MOI’s closures of mosques. ADM stated that while the mosques were shut down, the government did not investigate them for terrorist ties. According to the report, none of the mosques had reopened, although the law limits the closures to a period not to exceed six months.

Between January 1 and July 18, the interior ministry expelled 44 foreigners it considered radicalized, a new record, Le Point magazine reported. While the article did not cite 2018 deportations, it reported that in 2017 the country deported a total of 20 radicalized foreigners. (A 2018 report the country had expelled 300 radical imams since 2017 was incorrect.)

On October 8, as President Macron paid tribute to four victims of an insider knife attack at the Paris police headquarters, he stated the country must develop a “society of vigilance” in which citizens look out for signs of individuals being influenced by Islamist extremist networks in the fight against the “hydra” of Islamist militancy. The attacker, a police employee who had converted to Islam, had contacts with individuals believed to be linked to an Islamist Salafist movement, according to prosecutors, who also said they believed the attacker harbored work-related grievances linked to his disabilities.

In response to the same knife attack, Interior Minister Castaner spoke before the National Assembly October 8 and articulated several signs that might indicate a person’s radicalization through changes in behavior, including “rigorous religious practice, particularly exacerbated during the period of Ramadan,” “wearing a beard,” whether or not he greets a woman with a traditional kiss on the cheek, if the person “has a regular and ostentatious practice of ritual prayer,” and the presence of hyperpigmentation on the forehead, widely interpreted as a reference to the zabiba, a mark often resulting from repeated contact of the forehead with a prayer rug.

The government maintained the deployment of security forces throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship, and increased their number from 7,000 to 10,000. After the March terrorist attacks against mosques in New Zealand, the MOI increased patrols around religious sites.

At year’s end, the Paris Appeals Court had not issued a ruling in the case of Lebanese-Canadian academic Hassan Diab, who was charged with bombing a synagogue in Paris during Sabbath prayers in 1980, killing four and injuring 40. In 2018 investigating magistrates dismissed the court case against Diab and ordered his release. Prosecutors appealed the case’s dismissal, and the Paris Appeals Court requested additional expert testimony before ruling. Upon his release in 2018, Diab returned to Canada where he remained at year’s end.

In June police fined a group of Muslim women 35 euros ($39) each for bathing in burkinis at a municipal swimming pool in Grenoble in protest of local regulations banning the garment. Women from the same association reported the Citizen Alliance of Grenoble had carried out a similar protest “Operation Burkini” in May, which they called an “act of civil disobedience.” One of the women told the BBC they were being deprived of their civil rights and that “We must fight against discriminatory policies and prejudice in France….” Prime Minister Edouard Philippe expressed support for the mayor of Grenoble and the regulations, saying, “No citizen can be released from the respect of the law or the common regulation on the basis of his religious convictions.” Marlene Schiappa, Junior Minister of State for Gender Equality and the Fight against Discrimination, said, “There is a political message” behind the burkini, which is: “cover up.” She added, however, “Women, whatever their religion or their way of life, must be able to access municipal swimming pools.” In 2016 the Council of State, the country’s highest court on administrative matters, overturned several burkini bans on the basis that local authorities could only restrict individual liberties if there was a “proven risk” to public order. The court ruling did not overturn other anti-burkini regulations nor did it make them illegal; other anti-burkini regulations thus remained in force unless mayors or prefectures suspended them. The ruling did, however, set a legal precedent upon which persons could contest those regulations.

Jehovah’s Witnesses officials reported three cases in which authorities had interfered with proselytizing during the year. They did not provide additional details on the incidents.

According to the Ministry of Justice, as of August 2017, the latest year for which statistics were available, the penitentiary system employed the following number of chaplains: 695 Catholic, 347 Protestant, 224 Muslim, 76 Jewish, 54 Orthodox Christian, 170 Jehovah’s Witness, and 19 Buddhist. In detainee visiting areas, visitors could bring religious objects to an inmate or speak with the prisoner about religious issues but could not pray. Prisoners could pray in their cells individually, with a chaplain in designated prayer rooms, or, in some institutions, in special apartments where they could receive family for up to 48 hours.

At year’s end, the government did not respond to the UN Human Rights Committee (UNHRC) following the latter’s October 2018 finding that French authorities violated the human rights of two women by fining them for wearing niqabs in two separate cases in 2012. The UNHRC gave the government a deadline of 180 days to report to it action taken to respond to the violation and prevent other such violations. According to a statement the government issued on the same day as the UNHRC ruling, the law prohibiting concealment of the face in public spaces was legitimate and did not infringe upon freedom of religion. The government added it would convey its views to the UNHRC in a follow-on report.

During an October 11 meeting of the Burgundy-Franche-Comte Regional Assembly in the central-eastern part of the country, Julien Odoul, an elected official representing the National Rally (RN) Party, told a woman who was accompanying her son on a school outing to the legislature to remove her hijab or leave. The law does not prohibit women from wearing hijabs while attending an assembly session. In response, Junior Minister Schiappa said that “it is by publicly humiliating mothers in front of their children that we create divisions” in society. Education Minister Jean-Michel Blanquer, however, said, “The law does not prohibit veiled women from accompanying children, but we do not wish to encourage the phenomenon,” which is “not in agreement with our values.” Economy and Finance Minister Bruno Le Maire stated the veil “is legal, but not necessarily desirable.” The woman filed one legal complaint against Odoul with the Dijon public prosecutor’s office for violence of a racial nature by persons of authority, and a separate legal complaint with the Paris prosecutor’s office for “incitement of racial hatred by elected officials.” The complaints were pending at year’s end.

In April the Ministry of Culture created a five-person Mission for Research and Restitution of Spoliated Cultural Property in April to seek out the rightful owners or heirs of artworks, including those in museums and galleries, stolen or sold under duress during the country’s occupation. In the spring the government transferred authority for final decisions on art restitution claims from the Ministry of Culture to the Commission for the Compensation for Victims of Spoliation, a separate administrative body reporting directly to the prime minister, in order to address criticism that museum officials would be reluctant to hand over valuable artwork. On April 1, Foreign Minister Jean-Yves Le Drian attended a ceremony returning artwork to its pre-WWII owners at the French consulate in New York.

The government continued to implement a 2018-2020 national plan to combat racism and anti-Semitism in the country, with a strong focus on countering online hate content. As part of the plan, Prime Minister Philippe awarded the first annual national anti-racism prize, named for Ilan Halimi, a young Jewish man tortured and killed in 2006. In October DILCRAH dedicated 2.3 million euros ($2.58 million) and announced a call for local projects addressing education, prevention, training, and aid for victims of racism and anti-Semitism. The government also continued with an initiative for European Union legislation to require faster removal of illegal content online; created a national reaction team to improve education countering racist and anti-Semitic behavior; funded two thesis grants annually to finance work on racism and anti-Semitism; and established an online precomplaint system for victims of discrimination or racist or anti-Semitic acts.

Prime Minister Philippe advocated for a bill requiring websites to remove “obviously hateful” content, specifically racist or anti-Semitic content, within 24 hours. Deputy Laetitia Avia introduced the draft bill at the direction of Prime Minister Philippe and as part of the 2018-2020 national plan to combat racism and anti-Semitism. The National Assembly passed the bill in July, but the senate did not vote on it by year’s end. Among other critiques on freedom of expression grounds, the European Commission published a letter November 22 raising concerns about the bill’s impact on freedom of expression and its potential conflict with European Union free speech directives. Facebook and others questioned the 24-hour window to remove content, citing the legal analysis needed to evaluate posts.

On April 2, Minister of Justice Nicole Belloubet introduced a circular, which she said was part of the effort to combat anti-Semitism, urging prosecutors to use simplified, faster procedures (such as civil referrals to block access to “hate sites”) and criminal orders (trial without a hearing) to prosecute and convict authors of “racist, anti-Semitic, and homophobic” writings.

In a September 12 speech before the Representative Council of Jewish Institutions in France (CRIF) in Bordeaux, Interior Minister Castaner detailed several government measures to fight what he called “the poison of anti-Semitism,” including enhanced surveillance of 800 places of worship, the dissolution by decree of the Council of Ministers of several neo-Nazi groups, including Bastion Social and six affiliated associations, Combat 18, and Blood and Honor Hexagon, and an increase in the government contribution for the Shoah Memorial. He repeated President Macron’s February statement that the National Assembly would take up a proposal to adopt the IHRA definition of anti-Semitism, and said, “Anti-Zionism often has nothing to do with criticism of the foreign policy of the State of Israel; it is too often aimed at people of Jewish faith. It has become a disguised anti-Semitism.”

On July 10, the Observatory for Secularism, a body composed of 15 senior civil servants, parliamentarians, legal experts, and intellectuals who advise the government on the implementation of the “principle of secularism,” released its sixth annual report evaluating secularism in schools, public spaces, and hospitals. According to the report, the subject of secularism remained a sensitive one, although “direct attacks on secularism” appeared better contained, for the third year in a row. The report credited a proliferation of training on secularism and treatment of religious subjects, as well as improved targeting of implementing partners for the training. Since 2013, the Observatory for Secularism said it had directly or indirectly contributed to training more than 250,000 persons to respond to questions of secularism in the workplace.

On April 14, a fire broke out at the Catholic Notre Dame Cathedral in Paris, destroying the roof and spire and causing extensive damage to the windows and vaulted ceilings. President Macron, Prime Minister Philippe, and Secretary of State to the Minister of the Interior Nunez visited the cathedral, which is government-owned, while the fire still burned. Paris prosecutor Remy Heitz said in a statement June 26 that a preliminary investigation found no signs the blaze was started deliberately, and that it was likely due to negligence. Macron vowed in a televised address on April 16 that the country would rebuild the cathedral in five years.

Interior Minister Castaner did not attend the iftar hosted by the French Council of the Muslim Faith (CFCM), but attended an iftar in Strasbourg hosted by the Alsace Regional Council of Muslim Faith (Alsace CRCM) on May 29. At that event, Castaner, whose ministry oversees government relations with religious communities, expressed his disappointment with CFCM for its “reluctant” approach to implementing reforms. He praised the Alsace CRCM, however, as a “laboratory of ideas for the future of Islam in France.” He lauded the “peaceful and constructive approach” of the Alsace CRCM, specifically its work on prevention of radicalization, creation of a council of imams and religious leaders, and interreligious dialogue. Attendees at the event included regional Muslim community leaders, interfaith leaders, other government officials, and the mayor of Strasbourg.

Interior Minister Castaner continued a nationwide consultation process with the Muslim community to reform the structure and the funding of Islam in the country. In his New Year’s address to CFCM at the Grand Mosque of Paris on January 23, he called for “powerful representatives” of Islam in the country, and stated, referencing the recurring “Yellow Vest” cost of living protests in the country, that he counted on Muslim leaders “to influence public debates including on nonreligious issues such as the protests”. “Islam,” he said, “like every organized religion, has its place in France. There is no incompatibility between praying to Allah and loving the Republic.” In December prefects in each department held a second round of listening sessions with local representatives from the Muslim community on issues related to institutional representation, financing of Islamic places of worship, and training of imams.

On October 28, President Macron met with Muslim leaders of the CFCM and called on them to fight Islamism and “communitarianism,” which he called a form of “separatism” in the country. He urged the CFCM to adopt clear position on issues including public wearing of the veil, women’s roles, and education in the Muslim community.

On August 29, President Macron met with the newly elected President of the Conference of Catholic Bishops of France, Archbishop Eric de Moulins-Beaufort, to discuss reconstruction of Notre Dame Cathedral, migration, relations between religions and the state, and proposed legislation on access to medically-assisted reproduction treatments. Archbishop Moulins-Beaufort expressed his concern about the proposed legislation, but said it was not the role of the bishops to prescribe political actions to Catholics. In September the archbishop stated those who were concerned about the law should protest it, but did not call on Catholics to do so. At year’s end, the national assembly passed the legislation, but the senate did not vote on it.

On September 19, Interior Minister Castaner attended the inauguration of the French Institute of Muslim Civilization (IFCM), a new national Islamic cultural center in Lyon. At the opening ceremony, Castaner spoke out against anti-Semitism, anti-Muslim sentiment, and all types of hate, and called the organization an essential initiative to fight prejudice and make Islam better understood in the country. Secretary General of the Muslim World League Mohammed al-Issa and Lyon Mayor Gerard Collomb also delivered remarks at the event. Collomb expressed his expectation that the IFCM would be “an instrument of peace.” The project was funded by one million-euro ($1.12 million) grants each from the central government, the city of Lyon, and the greater metropolitan region of Lyon, in addition to 1.5 million euros ($1.69 million) from the Muslim World League.

On January 9, Interior Minister Castaner, Justice Minister Belloubet, then-government spokesperson Benjamin Griveaux, and Junior Minister for the Disabled Sophie Cluzel attended a CRIF-organized memorial ceremony outside a Paris kosher supermarket, where four years earlier a gunman had killed four Jews and held 15 other persons hostage.

On February 20, President Macron delivered a televised speech at the annual CRIF dinner. Among the guests in attendance – who all wore badges reading “All united against Anti-Semitism” – were First Lady Brigitte Macron, former president Francois Hollande, former prime ministers Manuel Valls and Bernard Cazeneuve, 10 current cabinet members, the U.S. Ambassador, and the Israeli Ambassador. Macron stated anti-Semitism had grown and reached its worst level since World War II in the country and Europe and had gotten “worse in recent weeks.” He said he was drawing “new red lines” in the fight against hatred of Jews and announced a package of measures – some previously announced, some new – to combat the rise of anti-Semitism. Among these were that the country would define “anti-Zionism as a modern-day form of anti-Semitism,” putting it in line with the IHRA definition of anti-Semitism. The government adopted the IHRA definition based on this direction, and the National Assembly passed a nonbinding resolution adopting the definition on December 3. Macron also announced the Ministry of Education would investigate the phenomenon of parents pulling their Jewish children out of public school over fears of anti-Semitism, and the government would dissolve several far-right extremist groups.

In response to a May 13 written request from Parliamentarian Meyer Habib of the Union of Democrats and Independents Party, Interior Minister Castaner declined to prohibit regular protests in favor of BDS in Paris. The minister cited as justification the right of assembly and protest enshrined in the constitution and the European Convention on Human Rights.

Before the July 25 Europa League match between Strasbourg Racing and Haifa Maccabi (professional soccer teams from France and Israel, respectively), the local police subprefecture announced a ban on any display that could serve to identify someone as a supporter of Haifa Maccabi in key areas of Strasbourg – including in all areas in and around the stadium. The ban included not only team logos, clothing, and paraphernalia, but any “national flag” associated with the team, widely accepted as a reference to the Israeli flag. The police notice specifically stated the risk for violence, referencing that contact had been established between “violent supporters of both teams, some of whom are politicized or identified as being at the origin of manifestations of anti-Semitism.” The notice, which stated identifying as a Haifa supporter “implicated risk” to that person, was followed by an outcry on social media in both France and Israel. Critics said the ban limited freedom of expression of the potential victims of anti-Semitism rather than demanding and enforcing law-abiding behavior from all fans. Following outreach to the interior ministry by leaders of the Jewish community and to the Ministry of Foreign Affairs by the Israeli Embassy in Paris, the subprefecture issued a new notice on July 25 – just before the match – rescinding the rules.

On July 21, Minister of the Armed Forces Florence Parly held a ceremony in Paris honoring the victims of the 1942 Velodrome d’Hiver roundup in which 13,000 Jews, including 4,000 children, were deported to extermination camps. “France betrayed its own children,” Parly said in her statements, adding, “The roundup … was the work of the French government, accomplished by the French.” She also promised to take up the late 19th century Dreyfus Affair, where authorities wrongly convicted Jewish army officer Alfred Dreyfus of treason before eventually pardoning and reinstating him in the army. Parly said it was time to posthumously recognize the honor and years taken from Dreyfus and said she would take up the case “personally.”

President Macron and government ministers condemned anti-Semitism and declared support for Holocaust education on several occasions, including a February 19 visit to the Shoah Memorial, the same day thousands marched in Paris and elsewhere in protest of anti-Semitic acts; the February 20 annual CRIF dinner; the March 19 commemoration of the seventh anniversary of the killings of three Jewish children and their teacher by Mohammed Merah in Toulouse; the April 30 Holocaust Remembrance Day commemoration; and the June 1 Judaism Day observance. On October 29, President Macron, along with several government officials, attended the inauguration of the European Center of Judaism in Paris. “Judaism has played a key role across the continent to build all that is thought and all that is European civilization, to fundamentally forge who we are,” said President Macron in his speech.

As part of an established exchange program, the government continued to host the visit of 30 Moroccan, 120 Algerian, and 151 Turkish imams to promote religious tolerance and combat violent extremism within Muslim communities. The imams’ countries of origin paid their salaries. During Ramadan, when there was an increased number of worshippers, between 250 and 300 imams came to the country temporarily, including 164 from Morocco.

The government is a member of the International Holocaust Remembrance Alliance.

Germany

Executive Summary

The constitution prohibits religious discrimination and provides for freedom of faith and conscience and the practice of one’s religion. The country’s 16 states exercise considerable autonomy on registration of religious groups and other matters. Unrecognized religious groups are ineligible for tax benefits. The federal and some state offices of the domestic intelligence service continued to monitor the activities of certain Muslim groups and mosques. Authorities also monitored the Church of Scientology (COS), which reported continued government discrimination against its members. Certain states continued to ban or restrict the use of religious clothing or symbols, including headscarves, for some state employees. In May federal anti-Semitism commissioner Felix Klein, responding to what he stated was the rising number of anti-Semitic incidents in the country, said he could “no longer recommend Jews wear a kippah at every time and place in Germany.” Many Jewish leaders in the community were supportive of Klein, but some prominent politicians, Jewish leaders, and national media responded negatively. Senior government leaders continued to condemn anti-Semitism and anti-Muslim sentiment. Seven additional state governments appointed anti-Semitism commissioners for the first time, bringing the total number of states with such commissioners to 13 (out of 16), in addition to the federal Jewish life and anti-Semitism commissioner. In July the government announced it would increase social welfare funding for Holocaust survivors by 44 million euros ($49.4 million) in 2020, including for the first time pension payments to Holocaust survivors’ widowed spouses.

There were numerous reports of anti-Semitic, anti-Muslim, and anti-Christian incidents. These included assaults, verbal harassment, threats, discrimination, and vandalism. Jews expressed security concerns after several widely publicized anti-Semitic acts, including a gunman’s attack in Halle on Yom Kippur that killed two individuals outside a synagogue. Federal crime statistics for 2018 cited 1,799 anti-Semitic crimes during the year, an overall increase of 20 percent from 2017. Sixty-nine of those crimes involved violence. The federal crime statistics attributed 89 percent of anti-Semitic crimes in 2018 to the far right; however, the federal anti-Semitism commissioner expressed concern over methodology that attributed to the far right all incidents in which the perpetrator was not identified. He stated that the country’s Jewish community experienced more open hostility from Muslims than from other groups. Demonstrations occurred expressing anti-Muslim and anti-Semitic sentiment. The Roman Catholic Church and the Protestant Church in Germany (EKD) continued to make public statements opposing the COS.

The U.S. embassy and five consulates general assessed the government’s responses to incidents of religious intolerance; expressed concerns about anti-Semitic, anti-Christian, and anti-Muslim acts; and advocated for more law enforcement and other resources to prevent violent attacks on religious communities. In November the Secretary of State visited the synagogue in Halle to pay his respects and the Neue Synagogue in Berlin to commemorate the 81st anniversary of the Reichs Pogromnacht (previously known as Kristallnacht/Night of Broken Glass). Embassy representatives met with the federal anti-Semitism commissioner at the Ministry of Interior and the federal commissioner for global freedom of religion at the Ministry for Economic Cooperation and Development; consuls general met with state-level government representatives and anti-Semitism commissioners. The embassy and consulates general maintained a dialogue with a broad spectrum of religious communities and human rights nongovernmental organizations (NGOs) on their concerns about religious freedom and on ways to promote tolerance and communication among religious groups.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution prohibits discrimination based on religious opinion and provides for freedom of faith and conscience, freedom to profess a religious or philosophical creed, and freedom to practice one’s religion. It also prohibits an official state church. It stipulates no one shall be required to disclose his or her religious convictions, nor be compelled to participate in religious acts. The constitution states religious instruction shall be part of the curriculum in public schools, and parents have the right to decide whether their children receive religious instruction. It recognizes the right to establish private denominational schools. The constitution guarantees the freedom to form religious societies and permits groups to organize themselves for private religious purposes without constraint. It allows registered religious groups with Public Law Corporation (PLC) status to receive public subsidies from the states and to provide religious services in the military, at hospitals, and in prisons.

The federal criminal code prohibits calling for violence, inciting hatred or taking arbitrary measures against religious groups or their members. Violations are punishable by up to five years in prison. It also prohibits “assaulting the human dignity of religious groups or their members by insulting, maliciously maligning, or defaming them,” specifying a maximum penalty of five years in prison, although prison sentences are rare. The prohibition and penalties apply equally to online speech. The federal criminal code prohibits disturbing religious services or acts of worship, with violators subject to a fine or imprisonment for up to three years. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred, specifying a penalty of up to five years’ imprisonment.

By law, social media companies with more than two million registered users in the country must implement procedures to review complaints and remove or block access to illegal speech within seven days of receiving a complaint and within 24 hours for cases considered “manifestly unlawful.” Noncompliance may result in fines of up to 50 million euros ($56.2 million). Unlawful content includes actions illegal under existing criminal code, such as defamation of religions and denial of historic atrocities.

The law permits the federal government to characterize “nontraditional” religious groups – such as the Church of Scientology – as “sects,” “youth religions,” and “youth sects,” and allows the government to provide “accurate information” or warnings about them to the public. The law does not permit the government to use terms, such as “destructive,” “pseudo-religious,” or “manipulative” when referring to these groups. Several court decisions have ruled the government must remain neutral toward a religion and may provide a warning to the public only if an “offer” by a religious group would endanger the basic rights of an individual or place the individual in a state of physical or financial dependence.

Religious groups wishing to qualify as nonprofit associations with tax-exempt status must register. State-level authorities review registration submissions and routinely grant tax-exempt status; if challenged, their decisions are subject to judicial review. Those applying for tax-exempt status must provide evidence they are a religious group through their statutes, history, and activities.

A special partnership exists between the states and religious groups with PLC status, as outlined in the constitution. Any religious group may request PLC status, which, if granted, entitles the group to levy tithes (8 percent of income tax in Bavaria and Baden-Wuerttemberg, 9 percent in the other states) on members, who must register their religious affiliation with federal tax authorities. Each state collects the tithes on behalf of the religious community through the state’s tax collection process, separately from and in addition to income taxes. PLCs pay fees to the government for the tithing service, but not all groups with PLC status utilize the service. PLC status also allows for benefits, including tax exemptions (larger than those given to groups with nonprofit status), representation on supervisory boards of public television and radio stations, and the right to special labor regulations. State governments subsidize institutions with PLC status, which provide public services, such as religious schools and hospitals. Additionally, due to historic “state-church contracts” dating back to pre-1919 Germany, all state governments except for Bremen and Hamburg subsidize the Catholic Church and the EKD with different yearly amounts.

According to the constitution, the decision to grant PLC status is made at the state level. Individual states base PLC status decisions on a number of varying qualifications, including an assurance of the group’s permanence, size, and respect for the constitutional order and fundamental rights of individuals. An estimated 180 religious groups have PLC status, including Catholics, the EKD, Baha’is, Baptists, Christian Scientists, Jehovah’s Witnesses, Jews, Mennonites, Methodists, the Church of Jesus Christ, the Salvation Army, and Seventh-day Adventists. Ahmadi Muslim groups have PLC status in the states of Hesse and Hamburg; no other Muslim communities have PLC status. The COS does not have PLC or nonprofit status in any state.

Federal animal protection laws prohibit the killing of animals without anesthesia, including as part of halal and kosher slaughter practices. Pursuant to a Federal Administrative Court decision, however, trained personnel may kill animals without anesthesia in a registered slaughterhouse under observation of the local veterinary inspection office if the meat is for consumption only by members of religious communities whose beliefs require slaughtering animals without anesthesia.

According to a ruling by the Federal Constitutional Court, general headscarf bans for teachers at public schools are a violation of religious freedom, but implementation is left to the states, which may determine if special circumstances apply. Bavaria, North-Rhine Westphalia (NRW), and Saarland States render decisions on a case-by-case basis. Schleswig-Holstein, Hamburg, Bremen, and Lower Saxony do not prohibit headscarves for teachers. Hesse permits teachers to wear headscarves as long as doing so does not impair “school peace” or threaten perceptions of state neutrality. A law in Berlin bans visible signs of religious affiliation for police, lawyers, judges, law enforcement staff, and primary and secondary public school teachers. The Berlin law permits teachers at some categories of institutions, such as vocational schools, to wear headscarves. Other states have laws that restrict religious attire in certain circumstances.

Citing safety reasons and the need for traffic law enforcement, federal law prohibits the concealment of faces while driving, including by a niqab. Infractions are punishable by a 60 euro ($67) fine.

According to federal law, religious groups may appoint individuals with special training to carry out circumcision of males under the age of six months. After six months, the law states circumcisions must be performed in a “medically professional manner” and without unnecessary pain.

All states offer religious instruction and ethics courses in public schools. Religious communities with PLC status (or those without such status that have concluded a special agreement with the state granting them this right) appoint religion teachers and work with the states to ensure the curriculum is in line with the constitution; the states pay the teachers’ salaries. Most public schools offer the option of Protestant and Catholic religious instruction in cooperation with those Churches, as well as instruction in Judaism if enough students (usually 12, although regulations vary by state) express an interest. Bavaria, Baden-Wuerttemberg, Berlin, Hesse, Lower Saxony, NRW, Rhineland-Palatinate, Saarland, and Schleswig-Holstein States also offer some religious instruction in Islam. In most of the federal states, Muslim communities or associations provide this instruction, while in Bavaria and Schleswig-Holstein, the state does. In March the Bavarian cabinet decided to expand its program, which at the time reached 16,500 pupils at 350 schools. In Hamburg and Bremen, nondenominational religious instruction is offered for all students by the Protestant Church and the state, respectively.

Students who do not wish to participate in religious instruction may opt out; in some states, those who opt out may substitute ethics courses. State authorities generally permit religious groups to establish private schools as long as they meet basic curriculum requirements. Schooling is constitutionally mandated, and homeschooling, including for religious reasons, is prohibited in all states.

The government provides annual payments to Holocaust victims and their descendants, and regularly expands the scope of these programs to broaden the eligibility requirements.

Government Practices

In February Federal Commissioner for Jewish Life in Germany and the Fight Against Anti-Semitism Felix Klein launched a nationwide online platform for reporting anti-Semitic incidents, including those that do not rise to the level of a crime. The Research and Information Center for Anti-Semitism (RIAS), a nonprofit organization that receives some federal and state funding and that had already been managing a similar service in Berlin, is responsible for running the program.

In September, in response to several anti-Semitic attacks in Berlin, Klein called for harsher penalties for such attacks. He also recommended additional training for police and prosecutors to help them recognize and appropriately deal with anti-Semitic incidents. Klein criticized the police procedure of automatically classifying anti-Semitic incidents in which the perpetrator is unknown as right-wing extremism, a practice that resulted in 89 percent of anti-Semitic incidents being classified as right-wing. Klein said the country’s Jewish community experienced more open hostility from Muslims than from right-wing extremists.

In July the federal Interior Ministry announced the creation of a new advisory committee to combat anti-Semitism. The eight-member committee has the mandate to support Klein’s work by formulating strategies to identify fields of action against anti-Semitism and to increase the visibility of Jewish life in the country.

During the year, Berlin, Brandenburg, Thuringia, Saarland, Saxony, Mecklenburg-Western Pomerania, and Lower Saxony States established state-level anti-Semitism commissioners, bringing the total number of states with such commissioners to 13 (out of 16). The responsibilities and functions of the position vary by state but generally include developing contacts with the Jewish community, collecting statistics on anti-Semitic incidents, and designing education and prevention programs. Klein urged all states to establish anti-Semitism commissioners because the distribution of powers in the country’s federal system provides the states with greater authority to combat anti-Semitism.

All 16 state interior ministers and Federal Interior Minister Horst Seehofer presented a new plan in October to combat anti-Semitism and right-wing extremism that included a stricter weapons law, an obligation to report hate speech online, increased protection for Jewish institutions, fast-tracking anti-Semitism cases, and hundreds of new personnel positions for the federal criminal police (BKA) and the federal Office for the Protection of the Constitution (OPC – domestic intelligence agency) for such cases. Seehofer had previously advocated similar measures without success, but the attack in Halle provided new urgency and led to additional support for his plan.

On November 29 the Bundesrat (upper house of parliament) approved a motion to amend a section in the country’s penal code that includes anti-Semitism in the list of aggravating criteria, along with “racist, xenophobic, and inhumane motives,” for judges to consider in determining the severity of sentences. The previous day, Federal Justice Minister Christine Lambrecht separately said she would support such legislation. At year’s end, the Bundestag had not yet voted on the proposed change.

In May the federal parliament passed a nonbinding resolution designating the Boycott, Divestment, and Sanctions (BDS) movement against Israel as anti-Semitic. The resolution stated the government would not fund organizations that question Israel’s right to exist or actively support BDS. This resolution replaced the parliament’s January 2018 resolution to “counter” BDS.

In January Schleswig-Holstein established a new, independent “Statewide Office for Information on and Documentation of Anti-Semitism.” In March the Hesse Ministry of Education began a statewide anti-Semitism prevention project to organize workshops and training events for students and teachers. In April the Bavarian anti-Semitism commissioner established a registration office for anti-Semitic incidents, modeled after RIAS Berlin, and in November the Baden-Wuerttemberg anti-Semitism commissioner did the same.

In July Duesseldorf appointed a commissioner as part of a comprehensive plan to fight anti-Semitism, and the public prosecutor’s offices in Karlsruhe and Stuttgart added anti-Semitism officers. In July the Baden-Wuerttemberg State anti-Semitism commissioner published his first report to the state parliament, which warned of conspiracy theories targeting Jews, and detailed 87 anti-Semitic offenses in the first nine months of 2018, a 38 percent increase compared with 2017. In July the NRW State anti-Semitism commissioner presented a plan to establish a reporting office for anti-Semitic attacks. She also called for new educational programs to combat anti-Semitic attitudes and stereotypes.

According to the first annual report by Berlin Anti-Semitism Commissioner Claudia Vanoni, law enforcement authorities there initiated 386 proceedings with an anti-Semitic background during the year, 156 involving online cases. At year’s end, 169 of the overall cases were terminated because the perpetrators could not be identified, and 27 were concluded – most of which resulted in fines. Investigations in 49 cases were ongoing at the end of the year.

In May federal anti-Semitism commissioner Klein said – in response to what he stated was the rising number of anti-Semitic incidents in the county – he could “no longer recommend Jews wear a kippah at every time and place in Germany.” Many Jewish leaders in the community were supportive of Klein, but prominent politicians and national media responded negatively. Foreign Minister Heiko Maas said, “No one should ever have to hide their Jewish faith again – not in Germany nor anywhere else,” while government spokesperson Stefan Seibert said, “The state has to ensure the free exercise of religion is possible for everyone, and thus it’s the job of the state to ensure that anyone can move around securely with a kippah in any place in our country.” Klein then called on individuals everywhere in the country to wear a kippah in solidarity with Jews on June 1 during the annual anti-Israel al-Quds demonstration in Berlin.

The Alternative for Germany (AfD) party in the NRW State Parliament introduced a resolution in April 2018 to deny PLC status to the Ahmadiyya Muslim Jamaat community, which it asserted was working “towards the establishment of a theocratic order of rule.” Following a January hearing, all other parties in the state parliament rejected the motion in May, stating that only the State Chancellery had the authority to grant or reject PLC status. At the end of the year, the State Chancellery had yet to make a decision on the Ahmadiyya application, which was submitted in early 2018.

In April Rhineland-Palatinate signed a state agreement with the Muslim Alevite community outlining conditions for Alevi holidays and religious instruction in schools. Four Rhineland-Palatinate elementary schools offered Alevi religious instruction.

In June the Federal Labor Court ruled a physician employed in a Catholic hospital in Duesseldorf should not have been fired in 2009. He was dismissed because the hospital stated his remarriage without an annulment of a previous marriage was a violation of canon law. The press spokesman of the Archdiocese of Cologne said the country’s Catholic Church liberalized its labor law in 2015, and the dismissal would likely not take place today.

According to reports from the federal OPC and Scientology members, the federal and state OPCs in Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hamburg, Lower Saxony, NRW, and Thuringia continued to monitor the activities of the COS, reportedly by evaluating Scientology publications and members’ public activities to determine whether they violated the constitution. At least four major political parties – the Christian Democratic Union (CDU), Christian Social Union (CSU), Social Democratic Party (SPD), and Free Democratic Party (FDP) – continued to exclude Scientologists from party membership. “Sect filters,” signed statements by potential employees to confirm they had no contact with the COS, remained in use in the public and private sectors. The COS said the government also discriminated against firms owned or operated by its members.

In July the UN special rapporteurs on minority issues and freedom of religion or belief wrote the government to ask for its response to allegations of “continued use of discriminatory (sect filters) against Scientologists in government grants and employment.” In its response in September, the government cited a 1995 ruling by the Federal Labor Court that stated the COS did not qualify as a religious community under German law, COS goals were geared toward commercial activities, and the COS had “aspirations opposing the free democratic constitutional system,” making it ineligible for government grants and contracts. According to the government, the COS therefore was not eligible for religious protections and use of the sect filters was not a violation of human rights. Also in September, the COS asked the Organization for Security and Cooperation in Europe to “investigate” the practice of sect filters in the country and to “assist in promoting a real dialogue” between the COS and the government on the issue.

In May, responding to a parliamentary inquiry, the NRW State OPC disclosed it was monitoring 109 mosques for extremist activities. Based on the monitoring, authorities identified 156 individuals as “relevant persons” and 260 as “potentially dangerous.” Of these, 127 of the “relevant” and 110 of the “potentially dangerous” were considered capable of action because they were present in the country and not in detention.

Federal and state OPCs continued to monitor numerous Muslim groups, including the terrorist groups ISIS, Hezbollah, and Hamas, as well as groups such as Turkish Hezbollah (TH), Hizb ut-Tahrir, Tablighi Jama’at, Millatu Ibrahim, the Islamic Center Hamburg (IZH), the Muslim Brotherhood, Milli Gorus, and various Salafist movements. The director of NRW’s OPC stated in June that the Muslim Brotherhood was recruiting members among the refugee community and represented a “greater threat to democracy” than the Salafists.

Groups under OPC observation continued to say the OPC scrutiny implied they were extremist, and it constrained their ability to apply for publicly funded projects.

At a May 14 conference, entitled “European Network: Combating Anti-Semitism through Education,” hosted by the Ministry of Foreign Affairs, Foreign Minister Heiko Maas stated Germany would prioritize the fight against anti-Semitism when it assumes the rotating presidency of the Council of the European Union in 2020.

In June unknown perpetrators desecrated 50 copies of the Quran at Bremen’s Rama Mosque by throwing them into toilets. Bremen Mayor Carsten Sieling said the Bremen Senate was “thoroughly appalled” by the “disgusting crime,” and the Senate stood firmly with Bremen’s Muslim citizens. Local politicians attended Islamic Friday prayers to show their solidarity.

In September the Higher Administrative Court agreed to hear the city of Oer-Erkenschwick’s appeal of the 2018 decision by an Administrative Court in NRW State banning a local mosque’s outdoor amplification of the call to prayer. The case was still pending at the end of the year.

In March the Bavarian Constitutional Court upheld the state’s ban on judges and prosecutors wearing headscarves, kippahs, or crosses but found the display of crosses in courtrooms to be acceptable.

In June the Rhineland-Palatinate Superior Administrative Court overturned the city of Koblenz’s ban on burkinis, an all-encompassing swimsuit worn by some Muslim women. The court ruled the ban violated the constitution’s call for equal treatment of all persons. In July the Federal Administrative Court ruled Sikhs were not exempt from the requirement to wear a helmet while riding a motorcycle, even though helmets do not fit over their turbans.

In October the Higher Administration Court in Muenster denied state compensation to two headscarf-wearing Muslim teachers who claimed professional disadvantages because of their religious beliefs. The court determined it could not be demonstrated that the state refused to offer them employment due to religious reasons.

In March the EKD-sponsored charity Diakonie appealed to the Federal Constitutional Court to reverse a 2018 ruling by the Federal Labor Court that prevented Diakonie from denying employment to a social worker because she was not a member of a Christian church. The case was pending at the end of the year.

In January the European Court of Human Rights (ECHR) ruled German authorities at the local level did not violate a Christian family’s human rights when they placed the family’s children in foster care for three weeks in 2013. The family from Darmstadt had argued German authorities were in breach of Article 8 of the European Convention on Human Rights when they refused to allow them to homeschool their four children through a Christian distance-learning program. The ECHR ruled authorities were justified in removing the children from their home, and it was reasonable to assume the parents were endangering their children by not sending them to school because the children were isolated and had no contact with anyone outside the family.

In May Federal Minister for Migration, Refugees, and Integration Annette Widmann-Mauz called on the government to examine whether it could legally institute a ban on headscarves for children in schools. The president of the German Teachers’ Association supported a headscarf ban, calling them “hostile to integration.”

In January the state government of Baden-Wuerttemberg established a Sunni Muslim educational foundation to serve as a mediator between the state and various Islamic associations. This action followed the 2018 announcement that the Baden-Wuerttemberg State government planned to reorganize Islamic religious education in public schools. Two of the larger Muslim organizations – the Turkish-Islamic Union DITIB (connected to the Turkish government’s religious affairs ministry) and the Islamic Religious Community Baden-Wuerttemberg – refused to participate, saying they considered the arrangement unconstitutional.

In September an administrative court in Hesse State ruled state-run Islamic studies lessons in schools would be constitutional under national law. The case was in response to the state’s decision to phase out cooperation with DITIB because of its ties to the Turkish government and move to a purely state-run program.

Officials in Hesse continued to investigate a possible neo-Nazi network in Frankfurt’s police force, first discovered in December 2018. At year’s end, six police officers had been dismissed from duty as a result of the scandal. Overall, 38 officers were under investigation.

In September the Saarland State Education Ministry announced it would extend its cooperation with several Islamic associations that provide Islamic religious education in four public schools through at least 2023. The ministry also announced plans to expand the program to additional schools.

In February the Rhineland-Palatinate State youth welfare office revoked the operating license of the Al-Nur Kindergarten in Mainz – the state’s only Muslim day care center – due to its alleged promotion of Salafism and connections with extremist groups, citing the Muslim Brotherhood as an example. Al-Nur was told to cease operations by March 31, and that the city of Mainz would stop funding the facility. The Mainz Administrative Court upheld the decision, as did the Koblenz Higher Administrative Court on appeal.

In May Berlin Humboldt University, a public university, announced the initial cohort of students at its institute for Islamic theology would not be eligible to become religion teachers because the lack of Islamic religion classes at Berlin’s middle and high schools would prevent them from completing the internship required to become a teacher. These students, however, still could become imams or work in other religious capacities. The Islamic theology institute was established in the fall of 2018 to train future imams and religion teachers.

In April experts estimated NRW lacked more than 2,000 teachers for Islamic religious education. Only two universities in NRW offered courses to obtain the required teaching permit, and just 251 teachers in NRW had such a permit. There are more than 400,000 Muslim students in NRW, but only approximately 20,000 of them have received Islamic religious education.

In July the NRW state government opened a coordination office for Muslim engagement to reorganize its relations with a broad range of Muslim organizations and civil society groups. DITIB was included among the organizations, even though NRW previously ceased all cooperation with DITIB, stating it would reinstate relations only if DITIB took steps to reduce the Turkish government’s influence over its activities. At the end of the year, the state government had yet to resume any further cooperation with DITIB beyond the new coordination office.

In July the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference) and the government announced an increase of 44 million euros ($49.4 million) in government funding for social welfare services for Holocaust survivors, raising the yearly contribution from 480 million euros ($539.3 million) in 2019 to 524 million euros ($588.8 million) in 2020. For the first time, pension payments will be extended to Holocaust survivors’ widowed spouses, and these payments are to be applied retroactively.

The government continued to subsidize some Jewish groups. Based on an agreement between the federal government and the Central Council of Jews in Germany, the federal government contributed 13 million euros ($14.6 million) to help maintain Jewish cultural heritage and support integration and social work. In addition, the federal government provided financial support to the Institute for Jewish Studies in Heidelberg, the Rabbi Seminar at the University of Potsdam, and the Leo Baeck Institute, an international group researching the history and culture of German Jewry.

State governments continued to provide funds to Jewish communities and organizations in various amounts for such purposes as the renovation and construction of synagogues. The federal government continued to cover 50 percent of maintenance costs for Jewish cemeteries. State and local police units continued to provide security for synagogues and other Jewish institutions

According to the Humanistic Union, an independent civil liberties organization, total state government contributions during the year to the Catholic Church and the EKD totaled approximately 548.7 million euros ($616.5 million). The union said it calculated its estimate based on budgets of the 16 states.

In May the Wuppertal Regional Court fined seven men from 300 to 1,800 euros ($340-$2000) each for wearing yellow vests marked “Sharia Police” and patrolling the streets in 2014 to counter “non-Muslim” behavior. They were charged with wearing uniforms as expressions of a common political opinion. A regional court acquitted the men in 2016, but the Federal Constitutional Court reversed the acquittal in 2018. The defendants appealed to the Constitutional Court in June, and the case was pending at the end of the year.

In April media reported on a police cadet in NRW State who was fired because of his close contacts with Salafists and his extremist views. The police headquarters in Bielefeld refused to offer the Muslim man tenure as a police detective at the end of his three-year training.

The government continued the German Islam Conference dialogue with Muslims in the country, which began in 2006. The dialogue’s aim was to improve the religious and social participation of the Muslim population, give greater recognition to Muslims’ contributions to society, and – in the absence of a central organization representing all Muslims in the country – further develop partnerships between the government and Muslim organizations.

The states of Rhineland-Palatinate and Baden-Wuerttemberg held conferences for law enforcement officials in August and September, respectively, to discuss methods to better prevent and police anti-Semitism. The events were largely aimed at awareness-raising. In both states, more than 150 members of the security services, state and local governments, and the Jewish community gathered for the events.

In August media reported local authorities would not allow a Brazilian Pentecostal congregation to purchase the former Protestant church building it had been renting in Berlin since 2016 as the headquarters for the denomination’s branches in Germany and Austria. District Mayor Stephan von Dassel vowed to continue blocking the sale to the Universal Church of the Kingdom of God (UCKG), whose message he described as “People should donate a lot of money to the church, then their problems will just go away.” Von Dassel was also quoted in the media, stating, “The UCKG enriches neither our neighborhood nor its surroundings.” The most recent deed of sale specified the church could be resold only with the approval of city administrators.

In September the city of Dortmund and the national jury for the award rescinded the awarding of the Nelly Sachs Prize, one of the country’s most renowned literary prizes, to author Kamila Shamsie due to her membership in the BDS movement. Also in September, the Aachen Art Association announced it would rescind the prize it awarded to artist Walid Raad due to his support for the BDS movement, but it reversed that decision in October after determining he had not engaged in any anti-Semitic behavior. The mayor of Aachen responded to the reversal by withdrawing the city from the award ceremony and criticized Raad’s involvement in a “cultural boycott of Israel.”

The country is a member of the International Holocaust Remembrance Alliance.

Ireland

Executive Summary

The constitution guarantees freedom of religion and prohibits discrimination on the grounds of religion. It references Jesus Christ and God and stipulates the state shall respect religion. On December 21, President Michael Higgins signed a law entering into force in January 2020 which ends the prohibition on blasphemy after it was eliminated from the constitution following a 2018 referendum. Beginning with the 2019-20 school year, the government barred “national” (publicly funded, primary) Catholic schools from making admission decisions based on students’ religion; other national religious schools could continue to do so if they are oversubscribed. The national police announced in April it would allow male Sikh and female Muslim members of the force to wear, respectively, turbans and hijabs on the job. There were reports some school authorities in national Catholic schools gave preferential treatment to students for participating in religious activities and told parents that, contrary to law, their children could not opt out of religion classes. Nongovernmental organizations (NGOs) continued to urge the government to adopt hate crime legislation, including for religiously motivated crimes, and improve monitoring of such incidents. In October the government launched a public consultation on hate speech as part of a planned update of the criminal law prohibiting incitement to hatred. In October police introduced a working hate crime definition that included religiously motivated crime. In December the United Nations Committee on the Elimination of Racial Discrimination (CERD) cited a high level of hate crime in the country, including against women wearing headscarves in public, and called on the government to make a “clear time-bound commitment” to reform its legal framework on hate crime. President Higgins and other senior government officials participated in the national Holocaust Day Memorial commemoration.

In May media reported two separate attacks on Muslim men in Limerick during Ramadan in which a total of three men were beaten and hospitalized. Media reported in August teenagers pushed a Muslim girl to the ground and forcibly removed her hijab in Dublin. A group in Dublin worked to establish a network of safe spaces in the city for Muslim women encountering harassment. The Workplace Relations Commission (WRC), an independent statutory body, reported from January to June it received 15 complaints of employment discrimination based on religion. A European Commission (EC) survey on perceptions of discrimination published in September found 42 percent of respondents believed discrimination on the basis of religion or belief was widespread in the country. In January another EC survey reported that 69 percent of residents believed anti-Semitism was not a problem in the country. In July a mosque was vandalized in Galway. In August Church of Ireland Archbishop of Dublin Michael Jackson wrote an open letter to imams and other Muslim leaders in the city, expressing sorrow and solidarity with victims of attacks in the country targeting Muslims.

U.S. embassy officials discussed issues of discrimination and integration of religious minorities into the community with members of the Department of Foreign Affairs and Trade, the Department of Justice and Equality, the Department of Education and Skills, and the police. Embassy officials met with religious groups and NGOs to discuss their concerns over religious tolerance, secularism, and religion in the national school system.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees the free profession and practice of religion, subject to public order and morality. The constitution references “the Most Holy Trinity” and “our divine Lord, Jesus Christ,” and stipulates the state shall hold the name of God in reverence and honor and respect religion. The constitution requires the president, judges, and members of the council of state to swear a religious oath, which begins with a reference to “Almighty God.” It prohibits discrimination on the grounds of religion or belief and guarantees not to endow any religion.

The constitution stipulates every religious denomination has the right to manage its own affairs, own and acquire property, and maintain institutions for religious or charitable purposes. It prohibits the diversion of property of any religious denomination except for necessary works of public utility and upon payment of compensation. The constitution states legislation providing for government aid to schools shall not discriminate among schools under the management of different religious denominations nor affect the right of a child to attend any school receiving public money without attending religious instruction at that school.

The constitution was amended in November 2018 to remove blasphemy as an offense following an October 2018 referendum approving the change. On December 21, President Higgins signed legislation entering into force on January 17, 2020 to revoke the law making blasphemy a crime. The constitution had been amended in November 2018 to remove blasphemy as an offense following an October 2018 referendum. Until its repeal, the law defined blasphemy as uttering or publishing language “grossly abusive or insulting in relation to matters held sacred by any religion,” when the intent and result are “outrage among a substantial number of the adherents of that religion.” Violations were punishable by a fine of up to 25,000 euros ($28,100), but the government had last prosecuted blasphemy in 1855.

The law forbids incitement to hatred based on religion, among other categories, and carries a maximum penalty of up to two years’ imprisonment and a maximum fine of 25,400 euros ($28,500). The law does not address or define hate crimes other than incitement.

There is no legal requirement for religious groups to register with the government, nor is there any formal mechanism for government recognition of a religious group. Religious groups may apply to the Office of the Revenue Commissioners (the tax authority) as a charity to receive tax exemptions, and the groups must operate exclusively for charitable purposes, which under the law may include “the advancement of religion.” The law requires all charitable organizations carrying out activities in the country to register with and provide certain information relating to their organization to the Charities Regulator, a government-appointed independent authority. The regulator maintains a public register of charitable organizations and ensures their compliance with the law. Organizations must apply their income and property solely toward the promotion of their main charitable object, as set out in their governing instruments (such as constitution, memorandum and articles of association, deed of trust, or rules).

Under the law, individual medical professionals are able to opt out of participating in certain legal procedures, such as abortion, on conscience grounds; however, institutions may not refuse to perform such procedures.

Under the constitution, the Department of Education and Skills provides funding to privately owned and managed primary schools – most of which are affiliated with religious groups, particularly the Catholic Church – referred to as national or just primary schools. Most children receive their elementary-level education at these privately-owned schools. The government pays most of the building and administrative costs, teachers’ salaries, and a set amount per pupil.

Ninety percent of all national schools are Catholic, 6 percent Church of Ireland, 2 percent multidenominational, 1 percent other religious groups, and 1 percent not religiously affiliated. Patrons, who are usually members of the religious groups and affiliated with religious organizations with which the school is associated, manage the schools themselves or appoint a board of management to do so. Patrons often provide land for schools and contribute to building and administrative costs.

According to legislation enacted in 2018 that became effective with the 2019-2020 school year, Catholic national schools are no longer allowed to discriminate on religious grounds when making admissions decisions. National schools under the patronage of other religious groups may continue to discriminate in admissions on religious grounds in order to preserve, according to the law, their distinct religious identities, but only in schools which are oversubscribed. The law prohibits discrimination in admissions based on religious beliefs in secondary schools.

In funding schools, the constitution stipulates the state shall have due regard “for the rights of parents, especially in the matter of religious and moral formation.” The government permits, but does not require, religious instruction, faith-based classes, or general religion classes in national schools. Although religious instruction is part of the curriculum of most schools, parents may exempt their children from such instruction. Religious schools teach about their religion, while multidenominational schools generally teach about religion in a broader context. Students may opt out and sit in a classroom where religious instruction is not being conducted. The Catholic Church certifies teachers of religion classes in Catholic schools.

Approximately half of secondary schools are religiously affiliated. The government funds religiously affiliated secondary schools.

Vocational schools are state run and nonreligious.

The WRC hears cases of reported workplace discrimination, including claims based on religion. The WRC may refer cases for mediation, investigate these cases, or decide the case itself. If the adjudication officer finds there has been discrimination, he or she can order compensation for the effects of discrimination and/or corrective action. Litigants may appeal WRC decisions in the courts.

The Irish Human Rights and Equality Commission (IHREC) is an independent public body accountable to parliament, whose stated purpose is to protect and promote human rights and equality and to build a culture of respect for human rights, including religious freedom. The commission works at the policy level to review the effectiveness of human rights and equality law, as well as public policy and practice. It also works with communities, including religious and other civil society groups to monitor and report on the public’s experience of human rights, religious freedom, and equality.

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

Government Practices

In April the police announced Commissioner Drew Harris had decided the force would allow Sikh members to wear turbans and Muslim women members to wear the hijab while on the job. The Muslim Sisters of Eire said they wished to “acknowledge and celebrate the decision” and the Immigrant Council of Ireland tweeted it was “encouraging news.” The police representative association called it “a useful measure.”

Atheist Ireland, the main secularist advocacy group in the country, said Catholic charities engaged in political activities, but government authorities overlooked their actions.

School patrons, generally affiliated with religious denominations, continued to define the ethos of schools and to determine the development and implementation of the religious education curriculum in primary schools. Curricula varied by school and could include teaching about the patron’s religion, the religious history of the country, or an overview of world religions. Atheist Ireland criticized the government for primarily delivering moral formation through religion and not offering students moral education outside of religion classes.

Atheist Ireland and the media reported incidents of school authorities giving preferential treatment, such as homework exemptions, to students in national Catholic schools that engaged in activities such as singing in religious choirs or preforming altar services in church. According to media reports, in September the Yellow Furze National School (Catholic) in County Meath had a policy of allowing children who attended religious ceremonies to skip their homework. School authorities said they were “rewarding positive behavior” by issuing church-going children a “homework pass.” The school said students were still free to opt out of religious events but would not be “rewarded” for it.

In September The Irish Times newspaper reported Atheist Ireland said it was aware of dozens of cases where school authorities told parents religion was a core subject from which their children could not opt out. According to the article, one mother had twice requested in writing that a school exempt her child from religion classes. The woman said school officials told her verbally that religion was compulsory and the child could leave the premises during religion classes or go to another school.

The government continued to encourage patrons to open more schools with nonreligious or multidenominational patronage. Seventeen new multidenominational national schools opened during the year as part of the government’s plan, announced in 2018, to encourage the establishment of 42 nonreligious or multidenominational national schools in 2019-22. The Department of Education and Skills said it would poll parents for their preferences among a list of potential patrons in regions where the department perceived a need for new schools, and encourage the preferred patrons to sponsor the new schools. The department said it expected in most cases parents would express a preference for nonreligious or multidenominational patronage. On November 19, the department issued an invitation for patronage applications for four new primary schools scheduled to open in September 2020.

In November Atheist Ireland, the Evangelical Alliance of Ireland, and the Ahmadiyya Muslim Community of Ireland made a joint submission to CERD, arguing the government was moving too slowly in establishing new nondenominational schools and divesting existing schools from religious bodies. The submission argued, “The state should stop ceding control of almost all schools to private patron bodies, the vast majority of which have a self-interested religious prejudice while providing an essentially public service.” CERD recommended the government monitor school admissions, to encourage diversity and tolerance of other faiths and beliefs in the education system, and incidents of discrimination on the basis of belief.

There were no reports of complaints by parents or others about the law forbidding Catholic national schools from taking students’ religion into account when making admissions decisions, while allowing other national schools to continue to do so. In rural areas, parents said finding non-Catholic national schools was especially difficult.

Catholic religious orders remained affiliated with 20 of the country’s 45 hospitals.

In May the media reported Minister of Justice and Equality Charles Flanagan invoked for the first time a 20-year-old immigration power to bar a U.S. preacher from entering the country “in the interest of public policy,” following an online petition signed by 14,000 individuals calling for the government to ban his visit. According to the petitioners and some media reports, the preacher, the founder of an independent Christian group, had made anti-Semitic statements, including Holocaust denial, and denounced homosexuality and Hinduism.

In February a commission established by Minister for Health Simon Harris issued a report on the role and status of voluntary organizations providing health and personal social services. The report said the state was legally entitled to attach reasonable conditions to any funding it provided and was free to refrain from funding organizations that refused to provide certain lawful services, such as abortion or prescriptions for contraceptives. The report also said health services run by religious organizations should be “cognizant of the impact of decor” (e.g., religious symbols, icons, or the presence of chapels) on patients and “strive to ensure their personal preferences in this regard are met to the greatest extent possible.” Media reported Prime Minister Leo Varadkar said in an interview the report was not a recommendation to force hospitals to remove religious symbols from public areas, but it was “a message to charities and voluntary bodies that do run hospitals and schools just to have regard to these things.” The prime minister said he wanted to see more diversity in religious symbols in publicly funded healthcare institutions, to reflect that many patients were not Roman Catholic. Harris stated the findings required “further deliberation.” The government had not taken action on the report by year’s end.

In June the WRC found the National Transport Authority (NTA) had not discriminated against John Hamill, a member of the Congregationalist Church of the Flying Spaghetti Monster (Pastafarians), whom The Irish Times described as “a prominent atheist,” when it denied him free travel to a park to attend a ceremony of his group in 2018, while providing free travel to Catholics attending a papal mass at the same park on that day. According to media, Pastafarians were meeting to celebrate their non-Catholicism and discuss the benefits of not being Catholic. The man had requested the transit benefit in advance. NTA responded via letter that it was not able to provide free travel to the event, stating, “The primary reason for making travel free for those attending the papal Mass is crowd safety at the main boarding locations.” The Irish Times reported the WRC found the man’s complaint, despite its satirical tone, raised a serious point and was not “frivolous, vexations, or misconceived,” but determined it failed on procedural grounds.

Several state agencies, including IHREC, WRC, and the police’s National Diversity and Integration Unit (GNDIU) continued to enforce equality legislation and work on behalf of minority religious groups. These agencies helped to organize community events to educate the public on interfaith issues. In September the Dublin City Interfaith Forum, which received state and European Investment Fund funding, and the Dublin City Council organized a free festival involving up to 15 different faith communities, including Baha’is, Buddhists, Christians, Hindus, Jews, Muslims and Sikhs. According to GNDIU representatives, GNDIU’s liaison officers continued to engage regularly with immigrant minority religious groups to inform them of police services and educate them on their rights. In October the police launched its 2019-21 Diversity and Integration Strategy, with the stated aim of protecting all minorities and diverse groups (including religious groups) in society. The strategy focused on improving the identification, reporting, investigation, and prosecution of hate crimes. It introduced a working definition of hate crime for the police; emphasized human rights as a foundation for providing policing services; and initiated diversity, integration, and hate crime training within the police.

Although there were no laws addressing hate crimes, in October the police introduced a working hate crime definition as part of its diversity and integration strategy, with the goal of ensuring a uniform response to dealing with reported incidents. The strategy defined a hate crime as: “Any criminal offense which is perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, color, nationality, ethnicity, religion, sexual orientation or gender.” The police’s official website further clarified that “[r]eligion includes ‘non-believers.’” According to a report in August by The Irish Times, in August the government’s Central Statistics Office stated it had seen “no objective proof” the police had addressed the concerns the office had cited in 2018, when it estimated the police underestimated hate crimes by at least 27 percent.

NGOs, including the Irish Council for Civil Liberties (ICCL), Immigrant Council of Ireland, Anti-Racism Network Ireland, National Steering Group Against Hate Crime, and European Network Against Racism Ireland (ENAR-I), as well as IHREC again advocated better monitoring of hate crimes, including religiously motivated incidents, legislation against hate crimes and more stringent laws against hate speech, and action to ensure authorities took prejudice into account as an aggravating factor in sentencing criminals.

In October Justice and Equality Minister Flanagan and Minister of State for Equality, Immigration, and Integration David Stanton launched a seven-week consultation of the public’s views as the government prepared to update the criminal law prohibiting incitement to hatred. Several NGOs, including ICCL and ENAR-I, said the consultation resulted in part from their efforts.

In a review in December, CERD said the level of hate crimes in the country was high, “in particular against women wearing headscarves in public,” and criticized the government for failing to reform its legal framework on hate crime. CERD called for a “clear time-bound commitment” to make the necessary changes in law. CERD also praised NGO Holocaust Education Trust Ireland and its efforts to combat anti-Semitism.

On January 27, President Higgins, Deputy Prime Minister Simon Coveney, Minister for Justice and Equality Flanagan, and other senior government officials participated in the national Holocaust Day Memorial commemoration. In his remarks, the president paid tribute to Holocaust survivors and said the world needed to “work together to ensure that hatred and inhumanity is not allowed to once again spread its dark shadow across Europe and the world.” The NGO Holocaust Education Trust Ireland, in association with the Department of Justice and Equality, Office for the Promotion of Migrant Integration, and Dublin City Council, organized the event, which included readings, survivors’ remembrances, and music, as well as the lighting of six candles symbolizing the six million Jews killed in the Holocaust.

The government is a member of the International Holocaust Remembrance Alliance.

Israel, West Bank and Gaza

Read A Section: Israel

West Bank and Gaza 

Executive Summary

This section covers Israel, including Jerusalem. In December 2017, the United States recognized Jerusalem as the capital of Israel. It is the position of the United States that the specific boundaries of Israeli sovereignty in Jerusalem are subject to final status negotiations between the parties. The Palestinian Authority (PA) exercises no authority over Jerusalem. In March 2019, the United States recognized Israeli sovereignty over the Golan Heights. A report on the West Bank and Gaza, including areas subject to the jurisdiction of the PA, is appended at the end of this report.

The country’s laws and Supreme Court rulings protect the freedoms of conscience, faith, religion, and worship, regardless of an individual’s religious affiliation, and the 1992 “Basic Law: Human Dignity and Liberty” protects additional individual rights. In 2018, the Knesset passed the “Basic Law: Israel – The Nation State of the Jewish People.” According to the government, that “law determines, among other things, that the Land of Israel is the historical homeland of the Jewish people; the State of Israel is the nation state of the Jewish People, in which it realizes its natural, cultural, religious and historical right to self-determination; and exercising the right to national self-determination in the State of Israel is unique to the Jewish People.” The government continued to allow controlled access to religious sites, including the Temple Mount/Haram al-Sharif (the site containing the foundation of the first and second Jewish temple and the Dome of the Rock and al-Aqsa Mosque). Police closed the Temple Mount/Haram al-Sharif for several hours on July 27 following clashes with Muslim protesters. Violence occurred between Muslim worshippers and Israeli police on August 11 near the Temple Mount/Haram al-Sharif, on a day marking both the Islamic feast of Eid al-Adha and the Jewish commemoration of Tisha B’Av. According to the International Crisis Group, the first months of the year saw low-level violence erupting over control of the Gate of Mercy building within the Temple Mount/Haram al-Sharif, which evolved into a power struggle among the government, Jordan, and the Jerusalem Waqf (which under the status quo in place since 1967 remains a Jordanian government institution; the 1994 peace agreement between Israel and Jordan recognized Jordan’s “special role” in relation to Muslim holy sites in Jerusalem). Violence occurred between Muslims and the police on Jerusalem Day, the June 2 national holiday celebrating the anniversary of the reunification of Jerusalem and Israeli control over the Old City, after hundreds of Jews were allowed into the Temple Mount/Haram al-Sharif, and which coincided with the last 10 days of Ramadan. It was the first time these two holidays overlapped in years and the first time in three decades that non-Muslims entered the site during the final days of Ramadan. Israeli authorities in some instances barred specific individuals from the Temple Mount/Haram al-Sharif site, including Jewish activists believed to have violated the status quo understanding prohibiting non-Islamic prayer, Muslims believed to have verbally harassed or acted violently against non-Muslim visitors to the site, and public figures, including Members of the Knesset (MKs), whose presence authorities said they feared would inflame tensions. The government continued to implement policies based on Orthodox Jewish interpretations of religious law. Local authorities sought to change the status quo regarding prohibitions on public transportation on Shabbat by operating bus lines sponsored by the municipality. Press reporting cited a growing “religionization” (hadata) of the society, its politics, and institutions. Some minority religious groups complained about what they said was lack of police interest in investigating attacks on members of their communities. The government maintained its policy of not accepting new applications for official recognition from religious groups, but stated that members of unrecognized religious groups remained free to practice their religion.

On June 8, Jewish youths and seminary students of the Armenian Church each stated that they had been attacked by the other in Jerusalem near the Armenian Church’s seminary in Jerusalem. On May 16, religiously observant Jewish teenagers shouting “Death to Arabs” attacked a Muslim teen from East Jerusalem, who was subsequently hospitalized after being knocked unconscious. Christian clergy and pilgrims continued to report instances of ultra-Orthodox Jews in Jerusalem harassing and spitting on them. Some Jews continued to oppose missionary activity directed at Jews, saying it amounted to religious harassment, and reacted with hostility toward Jewish converts to Christianity. Approximately 40 individuals, including members of the right-wing organization Lehava, attacked Messianic Jews during a community concert in Jerusalem in June, according to press reports. Jehovah’s Witnesses reported in August a man attacked two of their members, during a door to door activity in Bat Yam and threatened to kill one of them after she called the police. In January Christians launched demonstrations protesting the Haifa Museum of Art’s display of an artwork depicting Ronald McDonald as Jesus on the cross, the center of an exhibition about consumerism and religion.

Visiting high-level U.S. government officials, including the Vice President, met with government officials, religious groups, and civil society leaders to stress the importance of tolerance and dialogue and ways to reduce religiously motivated violence. Senior U.S. officials spoke publicly about the importance of maintaining the status quo at the Temple Mount/Haram al-Sharif. In meetings with government officials and public speeches, embassy officers stressed the importance of religious freedom and respect for all religious groups. Embassy-supported initiatives focused on interreligious dialogue and community development and advocated for a shared society for Jewish and Arab populations. Embassy officials participated in religious events organized by Jewish, Muslim, Druze, Christian, and Baha’i groups to show U.S. support for religious pluralism.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

Although the country has no constitution, a series of “Basic Laws” enumerate fundamental rights, which are country’s constitutional foundation. The 1992 “Basic Law: Human Dignity and Liberty” describes the country as a “Jewish and democratic state” and references the Declaration of the Establishment of the State of Israel, which protects freedom to practice or not practice religious beliefs, including freedom of conscience, faith, religion, and worship, regardless of an individual’s religion. The law incorporates religious freedom provisions of international human rights covenants into the country’s body of domestic law, which applies to citizens and non-Israeli residents.

The 2018 “Basic Law: Israel – The Nation State of the Jewish People” recognizes only the Jewish People as having a national right of self-determination and calls for promotion of “Jewish settlement” in “the Land of Israel. The law recommends – but does not require – that judges use Jewish jurisprudence and heritage as a source of legal principles in cases in which there is no relevant legislation or judicial precedent.

The Chief Rabbinate retains the sole authority to issue certificates of conversion to Judaism within the country under Orthodox interpretations of Jewish law. The Council of the Chief Rabbinate consists of Orthodox rabbis chosen by an assembly of rabbis, local government leaders, government ministers, and laypersons appointed by the government.

The government provides funding for both Orthodox and non-Orthodox conversion programs. Relatives of Jewish converts may not receive residency rights, except for the children of converts born after the parent’s conversion was complete.

The law recognizes only Judaism, Christianity, Islam, the Druze Faith, and the Baha’i Faith. Christian religious communities recognized according to the adopted Ottoman millet (court) system include Eastern Orthodox, Latin (Roman Catholic), Gregorian-Armenian, Armenian Catholic, Syrian Catholic, Chaldean (Chaldean Uniate Catholic), Greek Catholic Melkite, Maronite, Syrian Orthodox, and Evangelical Episcopal. The Anglican and Baha’i communities are recognized through a British Mandate-era law adopted by the government. The government does not recognize other religious communities, including major Protestant denominations with a presence in the country, as distinct ethnoreligious communities. There are two legal pathways to formal recognition, according to laws adopted from the British Mandate period: by petitioning either the Prime Minister’s Office according to the Order in Council or the Ministry of Interior (MOI). Groups may appeal rejected applications to the Supreme Court.

Recognized religious communities are exempt from taxation of places of worship and may have separate courts to apply their religion’s personal status law. Municipalities may levy property taxes on religious properties not used for prayer, such as monasteries, pilgrim hostels, and soup kitchens.

Legislation establishes religious councils for Jewish communities and for the Druze. The Ministry of Religious Services (MRS) has jurisdiction over the country’s 133 Jewish religious councils, which oversee the provision of religious services for Jewish communities. The government finances approximately 40 percent of the religious councils’ budgets, and local municipalities fund the remainder. The MOI Department of Non-Jewish Affairs has jurisdiction over religious matters concerning non-Jewish groups and oversees the religious council for the Druze. The Department of Non-Jewish Affairs annually convenes an interreligious council of all recognized religions, including Judaism, which serves as a discussion forum for recognized religious communities.

The law criminalizes the damage, destruction, or desecration of religious sites (subject to seven years’ imprisonment) and actions to “harm the freedom of access” of worshippers to religious sites (subject to five years’ imprisonment). Certain religious sites considered antiquities receive further protection under the antiquities law. The Ministry of Tourism (MOT) is responsible for the protection and upkeep of selected non-Jewish religious sites, while the MRS protects and maintains selected Jewish religious sites. The law also provides for up to five years’ imprisonment for actions “likely to violate the feelings of the members of the different religions” with regard to their religious sites. The law grants the government, not the courts, the authority to decide the scope of the right to worship at certain religious sites.

The law criminalizes willfully and unjustly disturbing any meeting of persons lawfully assembled for religious worship or assaulting someone at such a meeting. It also criminalizes intentionally destroying, damaging, or desecrating any object held sacred by any group of persons, with punishment of up to three years’ imprisonment. Government regulations recognize 16 sites as holy places for Jews, while various other budgetary and governmental authorities recognize an additional 160 places as holy for Jews.

The law criminalizes calling for, praising, supporting, or encouraging acts of violence or terrorism where such actions are likely to lead to violence, including calls for violence against religious groups. The law criminalizes statements demeaning, degrading, or showing violence toward someone based on race, but provides an exception for statements citing a religious source, unless there is proof of intent to incite racism. The infliction of “injury to religious sentiments” constitutes a criminal offense and is punishable by one year’s imprisonment. Such injury includes publishing or saying something that is liable to offend the religious sentiment or faith of others.

The “Nakba Law,” passed in 2011, prohibits institutions that receive government funding from engaging in commemoration of the Nakba, or “catastrophe,” the term used by Palestinians to refer to the displacement of Palestinians during Israel’s 1948 War of Independence. Activities forbidden by the law include rejection of the existence of Israel as a “Jewish and democratic state” or commemorating “Israel’s Independence Day or the day on which the State was established as a day of mourning.”

The law requires citizens to obtain a permit from the MOI or the prime minister for travel to countries with no diplomatic relations with Israel, including Hajj travel to Saudi Arabia; the government issues these permits in the vast majority of cases. Illegal travel is punishable by a prison sentence or fine if the traveler does not request prior approval.

It is illegal to proselytize to a person under 18 years of age without the consent of both parents. The law prohibits offering a material benefit in the course of proselytizing.

The government provides separate public schools for Jewish and Arab children, with instruction conducted in Hebrew and Arabic, respectively. For Jewish children there are separate public schools available for religious and secular families. Individual families may choose a public school system for their children regardless of ethnicity or religious observance. Minor children have the right to choose a public secular school instead of a religious school regardless of parental preference. By law, the state provides the equivalent of public school funding to two systems of “recognized but not official” (a form of semi-private) ultra-Orthodox religious schools affiliated with ultra-Orthodox political parties, the United Torah Judaism-affiliated Independent Education System and the Shas-affiliated Fountain of Torah Education System. Churches, however, receive only partial government funding to operate “recognized but not official” schools. Non-Israeli residents in Jerusalem may send their children to one of these church schools or a private school operated by the Jerusalem Islamic Waqf; both include religious instruction. Israeli education authorities use the Palestinian Authority (PA) curriculum in some public schools in Jerusalem. Religious education is part of the PA curriculum for students in grades one through six in these schools, with separate courses on religion for Muslims and Christians. Students in these schools may choose which class to take but may not opt out of religion courses.

The Law of Return provides the right for any Jew, including those who converted to Judaism, or any child or grandchild of a Jew, to immigrate to the country from a foreign country with his or her spouse and children. The minor children of a grandchild of a Jew receive humanitarian status but are not automatically granted citizenship. Non-Jews who are not descendants of Jews do not have this route to immigration. Under this law, those who completed an Orthodox Jewish conversion inside or outside the country are entitled to immigration, citizenship, and registration as Jews in the civil population registry. Those who completed conversion to Judaism outside the country, regardless of affiliation, are eligible for these benefits even if they are not recognized as Jewish by the Chief Rabbinate; this would include Reform, Conservative, and other affiliations of Judaism. Descendants of Jews qualify for immigration under this law regardless of the religious beliefs under which they were raised. The law considers those who were eligible for immigration and as adults converted to another religion, including Messianic Judaism, as no longer eligible for benefits under the Law of Return.

The Law of Citizenship and Entry, renewed annually, prohibits residence status for non-Jewish Iranians, Iraqis, Syrians, Lebanese, and Palestinians from the West Bank or Gaza, including those who are spouses of Israeli residents or citizens, unless the MOI makes a special determination, usually on humanitarian grounds.

The Chief Rabbinate determines who may be buried in Jewish state cemeteries, limiting this right to individuals considered Jewish by Orthodox Jewish standards. The law provides for the right of any individual to burial in a civil ceremony and requires the government to establish civil cemeteries in various areas around the country. The law criminalizes the intentional desecration of, or trespass on, places of burial, which is punishable by three years’ imprisonment.

Laws inherited from the Ottoman Empire and British Mandate periods establish the legal authority of religious courts operated by officially recognized religious communities over their members in matters of marriage, divorce, and burial. The law allows for civil registration of two persons as a married couple outside of the religious court system only if they married outside the country, or if the partners are of different religions and their respective religious courts do not object to a civil registration, or if both partners are listed as “lacking religion” in the population registry. A law mandating women’s equality contains language that explicitly exempts matters of marriage, divorce, and appointments to religious positions.

The only domestic marriages with legal standing and that may be registered are those performed according to the religious statutes of recognized religious communities. Marriages performed outside of the country may be registered with the MOI. Members of nonrecognized groups may process their personal status documents, including marriage licenses, only through the authorities of one of the recognized religious communities if those authorities agree.

The law imposes a two-year prison sentence for persons who conduct, or are married in, a Jewish wedding or divorce outside the Chief Rabbinate’s authority.

Religious courts have exclusive jurisdiction over divorce cases when the husband and wife are registered with the same recognized religion. Members of religious groups not permitting divorce, such as Catholics, may not obtain a divorce. Paternity cases among Muslim citizens are the exclusive jurisdiction of sharia courts. Civil courts have jurisdiction over personal status cases when religious courts lack jurisdiction, as in cases of interfaith and same-sex couples.

Matters stemming from divorce proceedings, including alimony, child support, child custody, guardianship, and property division, are under the parallel jurisdiction of religious and civil courts. The first court to receive a case acquires exclusive jurisdiction over it.

In accordance with halacha (Jewish religious law), a Jewish woman whose husband refuses to give her a get (Jewish legal writ of divorce) may not legally remarry in the country. While a rabbinical court may order a husband to give a get, it does not have the power to terminate the marriage if he refuses. In such cases, rabbinical courts may impose community-based punishments on the husband, including avoiding financial dealings with a get-refuser, excluding him from community activities, and advertising these decisions to the public. The law permits rabbinical courts to hear cases of get refusals in which the spouses are not Israeli citizens, if certain other conditions are met (for instance, if the couple lives abroad in a location where there is no rabbinical court).

Secular courts have primary jurisdiction over questions of inheritance, but parties may file such cases in religious courts by mutual agreement. Decisions by these bodies are subject to Supreme Court review. The rabbinical courts, when exercising their power in civil matters, apply religious law, which varies from civil law, including in matters relating to the property rights of widows and daughters.

Military service is compulsory for Jewish citizens, male Druze citizens, and male Circassian citizens (Muslims originally from the northwestern Caucasus region who migrated in the late 19th century).

Ultra-Orthodox Jewish men and women may request an exemption from military service. For most ultra-Orthodox Yeshiva students, Jehovah’s Witnesses, and Druze religious students, military service is postponed for several years, after which they receive an exemption. A petition on the conscription of ultra-Orthodox men was pending at the Supreme Court as of the year’s end. Arab Muslims and Christians, as well as Druze and Circassian women receive a de-facto exemption by not being called for military service. Those exempt from military service may volunteer for it or for civil-national service.

Membership in a recognized religion is recorded in the National Registry and generally passed from parents to children, unless a person changes it through a formal conversion to another recognized religion. Religious identification is listed in the National Registry but not on official identity cards.

All citizens who meet the Chief Rabbinate’s criteria as “Jewish” under Jewish religious law are recorded as Jewish, whether Orthodox or not (unless they convert to another religion). Approximately 400,000 citizens who identify as Jewish but do not meet the Chief Rabbinate’s criteria as “Jewish,” as well as members of religious groups that are not recognized, are recorded as “lacking religion.” The vast majority are immigrants from the former Soviet Union and their children, who gained citizenship under the Law of Return but are not recognized as Jewish by the Chief Rabbinate because they cannot prove they meet the Orthodox definition of Jewish through matrilineal descent.

For those who do not wish to be identified with a religion, there is no mechanism to change one’s registration to “lacking religion.”

There is no legal requirement regarding personal observance or nonobservance of the Jewish Sabbath (Shabbat), from sunset on Fridays until sunset on Saturdays, and on Jewish holidays. The law, however, declares in the context of labor rights that Shabbat and Jewish holidays are national days of rest, while permitting non-Jewish workers alternate days of rest. The law criminalizes (up to one month imprisonment) employers who open their businesses and employ Jews on Shabbat, except those who are self-employed. There are exceptions for essential infrastructure and the hospitality, culture, and recreation industries. The law instructs the labor and welfare minister to take into account “Israel’s tradition,” among other factors, when considering whether to approve permits to work on Shabbat. The law prohibits discrimination against workers who refuse to work on their day of rest, based on their religion and regardless of whether they are religiously observant.

The law prohibits discrimination in employment and occupation based on age, race, religion, national origin, ethnicity, sex, sexual orientation, and disability. The Equal Employment Opportunities Law prohibits an employer from discriminating against employees, contractors, or persons seeking employment.

On January 10, the Knesset approved an amendment to the penal code that includes a motive of racism or hostility based on the victim’s religion, ethnic origin, or sexual orientation, or on racism toward or hate for foreign workers as an aggravated circumstance in a murder offense. In the explanatory notes of this amendment, the Knesset noted that murder committed out of racism or hostility justifies severe treatment in the form of mandatory life imprisonment.

The law states public transportation operated and funded by the national government may not operate on Shabbat, with exceptions for vehicles bringing passengers to hospitals, remote localities, and non-Jewish localities, and for vehicles essential to public security or maintaining public transportation services.

The Chief Rabbinate has sole legal authority to issue certificates of kashrut, which certify a restaurant or factory’s adherence to Jewish dietary laws. Alternatively, restaurants are permitted to display “a true presentation regarding the standards it observes and the manner of supervising their observance” without using the word “kosher.”

The Muslim Mufti of Jerusalem, who has no legal status vis-a-vis Israeli authorities, has issued “fatwas” (religious edicts) prohibiting Palestinian participation in Jerusalem municipal elections, and sales of land by Palestinians to Israelis.

The country is a party to the International Covenant on Civil and Political Rights with a reservation stating that matters of personal status are governed by the religious law of the parties concerned, and the country reserves the right to apply that religious law when inconsistent with its obligations under the Covenant.

Government Practices

Because religious and national identities were often closely linked, it was often difficult to categorize many incidents as being solely based on religious identity.

The government continued to allow controlled access to the Temple Mount/Haram al-Sharif. The post-1967 status quo pertaining to the Temple Mount/Haram al-Sharif allows non-Muslim visitors but prohibits non-Islamic worship on the compound. According to the AP, violence occurred between Muslim worshippers and Israeli police on August 11 near the Temple Mount/Haram al-Sharif, on a day marking both the Islamic feast of Eid al-Adha and the Jewish commemoration of Tisha B’Av. According to the AP, the incident occurred after large numbers of Muslims had gathered at the site’s gates in response to rumors that police would allow Jewish visitors to enter the site. The protestors threw stones at police, who responded with stun grenades and rubber bullets. After clashes broke out, police allowed access to “several dozen” Jews and provided a police escort. Muslims responded by throwing chairs and other objects at the group, which left shortly thereafter.

According to the International Crisis Group, the first months of the year saw low-level violence erupting over control of the Gate of Mercy building within the Temple Mount/Haram al-Sharif, which evolved into a power struggle among Israel, Jordan, and the Waqf. The Jordanian government Islamic Religious Endowment (Waqf) in Jerusalem maintains the Al-Aqsa Mosque, while the Jordanian Ministry of Islamic Affairs and Holy Places supports maintenance and salary of the Waqf staff in Jerusalem. The Waqf opened the building, which media reported had not been open or used for prayers since 2003, on February 14 when worshippers began using it as a prayer hall. The government issued restraining orders against more than 20 Waqf guards and arrested 19 Muslims, including two minors who confessed to throwing a Molotov cocktail into a police post at the Temple Mount/Haram al-Sharif, which resulted in a one-day closing of the site on March 12. According to the government, this closure was done in order to allow the police investigate the incidents and check the scene. Police also closed the Temple Mount/Haram al-Sharif for several hours on July 27 following clashes with Muslim protesters. Tensions continued at the site, although Muslim worshipers continued to have access to it at the end of the year.

Israeli authorities in some instances barred specific individuals from the Temple Mount/Haram al-Sharif site, including Jewish activists believed to have violated the status quo understanding prohibiting non-Islamic prayer, Muslims believed to have verbally harassed or acted violently against non-Muslim visitors to the site, and public figures, including MKs, whose presence authorities feared would inflame tensions. According to Makor Rishon journalist Arnon Segal, 152 persons were arrested between September 10, 2018 and August 25, 2019. The government stated the police banned individuals from accessing the Temple Mount/Haram al-Sharif only in cases of violation of public order or a disturbance to the freedom of worship. According to the government, 334 individuals were banned from Temple Mount/Haram al-Sharif for different time periods. While the government stated it was rare for any individual to be barred entry to the Temple Mount/Haram al-Sharif site, human rights and civil society organizations said Israeli authorities banned Palestinians from the West Bank and Gaza, Jerusalem residents, as well as Arab and Jewish citizens of Israel. In addition, these organizations said Israeli authorities at times restricted Muslim males under a certain age from entering the site during periods of tension.

Israeli authorities allowed West Bank Muslims to visit the Temple Mount/Haram al-Sharif during Ramadan and facilitated transportation for tens of thousands of Palestinian worshipers. Israeli authorities allowed men over 40 years old, boys under 16, and women of all ages to enter Jerusalem without permits issued by the Israeli military on the four Fridays of the month. Married men between 30 and 40 were eligible to apply for military permits valid Sunday-Thursday during the month – normally, only men over 50 and women over 45 may transit Israeli checkpoints from the West Bank for worship without military permits.

On April 15, Israeli authorities allowed Temple Mount activists to conduct a ritual slaughter of sheep for Passover in Jerusalem’s Old City. On April 18, the police detained at least two suspects who allegedly sought to make a Passover sacrifice at the Temple Mount/Haram al-Sharif, as well as two journalists who were with them. According to media reports, the suspects were interrogated on offenses of behavior which might disturb public order, and for animal abuse.

On August 6, a police officer detained an ultra-Orthodox protester and pulled him by his earlock. The police suspended the officer, and authorities continued to investigate the case as of November.

On July 24, the state prosecutor’s office announced it would indict, pending a hearing, a senior official in the Chief Rabbinate for bribery and breach of trust regarding the expediting of kashrut certificates. A 2017 report from the state comptroller called for comprehensive reform of the kashrut regulation system and criticized the MRS, Chief Rabbinate, and local religious councils for structural failures that enabled fraud, waste, poor supervision, and nepotism.

Press reported that prosecutors dropped a case against two Jewish activists, Yinon Reuveni and another man who was a minor at the time of his arrest, for membership in a terror organization and vandalizing the Benedictine Dormition Abbey in Jerusalem in 2016, due to lack of evidence. A court had previously dismissed as inadmissible the second defendant’s confession, ruling that authorities obtained it illegally. The vandalism of the abbey, considered by some Christians the site of the Assumption of the Virgin Mary, included graffiti that said “death to Christians” and “Jesus is a monkey.” A spokesman for the church said the decision to acquit the two men was “unacceptable.”

According to the Times of Israel, Muslims and police clashed violently on Jerusalem Day, the June 2 national holiday celebrating the anniversary of the reunification of Jerusalem and which coincided with the last 10 days of Ramadan, after police allowed hundreds of Jews onto the Temple Mount/Haram al-Sharif. It was the first time in three decades that non-Muslims were able to enter the site during the final 10 days of Ramadan. The government stated that each year police assess the security situation and decide whether it is necessary to close the site to non-Muslims during this period, “in order to allow for a proper course of prayer for Muslim worshipers during Ramadan.” Prior to the incident, police had announced the compound would be closed to Jews and tourists after the High Court of Justice rejected a petition to overturn the closure. The court subsequently rejected a case that sought to change the route of the “flag march” marking Jerusalem Day, when thousands of Jews participate in the annual parade through Jerusalem’s Old City, where the Temple Mount/Haram al-Sharif is located, including its Muslim quarter. According to the Jerusalem Post, Jerusalem Day has been embraced by the “national religious” community. The paper said marchers consisted mostly of young people singing songs of praise and prayer for the unification of the city and the capture of the Temple Mount/Haram al-Sharif in the 1967 Six Day War. One Muslim bakery worker said that the march through the Muslim Quarter was a provocation. Another stated that he objected to the staging of the parade during Ramadan, and that the march was disrespectful to Muslims.

According to press and NGO reports, following an appeal of a decision by the Central Elections Committee, the High Court of Justice barred the leader of the Otzma Yehudit party, Michael Ben Ari, from running in Knesset elections because of expressed anti-Arab ideology and incitement. The attorney general had urged the court to ban Ben Ari for his “severe and extreme” racism. The Otzma Yehudit party has described itself as proud disciples of Meir Kahane, the founder of the Kach party, which was banned in 1988 for being racist and antidemocratic. The appeal cited a 2019 statement by Ben Ari, “We have to change the equation regarding anyone who dares to speak against a Jew…. [Such a person] is a dead man. He must not come out alive. No expelling him, no stripping him of his citizenship. He does not live! A firing squad takes him out as the Arabs understand [best].” Ben Ari later said he was talking about Hamas leaders and not all Arabs.

Some religious minority groups complained of lack of police interest in investigating attacks on members of their communities. Data from the NGO Tag Meir and media reports indicated in recent years authorities had indicted few suspects in attacks on religious sites in the country.

According to data from the MRS, of 70,326 individuals who registered for a Jewish marriage in 2018, rabbinical courts instructed 3,996 who self-identified as Jewish to prove their Jewish lineage. Of these, 122 were unsuccessful. On November 6, the Jerusalem Post reported on new rabbinate regulations allowing marriage registrars to approve marriage applications of converts based on the list of rabbinical courts approved by the Chief Rabbinate, clarifying the criteria for recognition of conversions.

According to the Jerusalem Post, data compiled by the religious freedom NGO Hiddush, which was based on multiple surveys conducted in recent years through the Smith Polling Institute, showed that 70 percent of the country’s adult Jewish population supported recognition by the state of freedom of choice in marriage, doing away with the rabbinate’s monopoly, and equally recognizing civil and non-Orthodox religious marriages. According to the same sources, 53 percent of the public stated that had they been allowed a choice, they would not have married in an Orthodox ceremony, compared with 35 percent who expressed the same sentiment in 2009, 39 percent in 2013, and 47 percent in 2016.

The Chief Rabbinate continued to require Jewish women to complete bridal counseling sessions prior to marriage. Existing instructions from the Chief Rabbinate require these sessions to address only the wedding ceremony, but in practice the content varied widely and often included marital relations and “family purity” in accordance with halacha, according to a report in Ma’ariv newspaper. Neither halacha nor civil law mandated such counselling sessions, according to the NGO ITIM.

On April 7, a magistrate court convicted an individual who refused to give a get to his wife of violating a legal order and sentenced him to 15 months’ imprisonment and seven months’ probation. On August 20, President of the Rabbinical Courts Chief Rabbi David Lau instructed authorities to delay the burial of a get refuser’s mother as a means to pressure him. The refuser then agreed to give a get to his wife.

Local authorities circumnavigated the ban on public transportation on Shabbat by funding privately operated bus lines. On July 7, the municipal council in Ramat Gan, a suburb of Tel Aviv, approved the operation of two bus lines on Shabbat in central areas of the city as long as they did not enter residential neighborhoods. In November the Tel Aviv city council approved and funded free bus lines on Shabbat for the entire city as well as other major cities in the central area of the country. MK Uri Maklev of the United Torah Party denounced the initiative and called on the transportation minister to stop the service. The orthodox organization Hotam criticized the proposal as “harming Shabbat,” while the secular group Be Free Israel said that the initiative recognized public transportation as a “basic right.” On December 11, the nearby city of Bat Yam decided against offering public transportation on the Sabbath. In a poll released by Hiddush on December 9, 71 percent of Jewish citizens were favor of transportation on weekends, including 94 percent of citizens who described themselves as secular.

Some observant Jews, based on their religious beliefs, may only attend concerts and other entertainment events in venues that allow for the separation of genders. As permitted by attorney general directives until August, cities and municipalities with significant population groups of observant Jews were able to plan and execute events with these guidelines observed. Some women’s rights organizations, including the Israel Women’s Action Network (IWN), expressed concern about gender segregation in any publicly funded or sponsored events, arguing that gender segregation as supported by Orthodox Jews violated antidiscrimination laws and attorney general directives. On August 14, the Supreme Court ruled in favor of an NGO petition objecting to a gender-segregated concert held by the Afula municipality in accordance with the religious practices of a large percentage of its population. The event went forward prior to the Supreme Court ruling as a lower court had initially ruled in favor of the municipality. Minister of Interior Aryeh Deri made an appearance onstage at the concert and criticized the NGO for attempting to impose requirements on all Afula residents irrespective of their beliefs. On August 18, the Office of the Attorney General issued a directive stipulating certain circumstances in which gender-segregated events could be held, pending further examination of the issue. The new guidelines deviated from a previous directive that permitted segregation only in events of a religious nature, under which many observant Jews were not able to participate in municipality events.

In June MK Bezalel Smotrich said the justice system should adhere to religious law, and the country should run itself as “in the days of King David” and “restore the Torah justice system.” Prime Minister Benyamin Netanyahu responded to Smotrich’s remarks by saying that the country “will not be a halacha state.” On August 5, Smotrich, who had then been appointed as minister of transportation, told a conference of rabbis in Jerusalem “We would all like the state to act according to the Torah and halacha.” Smotrich also said that he would work to prevent construction, infrastructure, and maintenance work on Shabbat. On August 6, after criticism, Smotrich said that while his comments reflected the “religious will of any observant Jew,” they also made clear that “we all understand we cannot, nor do we want to, force our beliefs on others” and that policy solutions must consider the views of the entire public.

The Chief Rabbinate continued not to recognize as Jewish some citizens who self-identified as Jewish, including Reform and Conservative converts to Judaism and others who could not prove Jewish matrilineage. As a result, the government prohibited those individuals from accessing official Jewish marriage, divorce, and burial services in the country. Some Orthodox and non-Orthodox rabbis, however, officiated at a growing number of these ceremonies outside of the authority of the Chief Rabbinate. Likewise, the government continued not to allow Jewish men with priestly patrilineage (kohanim) to marry converts or divorcees, in accordance with halacha.

On May 3, Walla News reported that in a new book, Chief Rabbi Yitzhak Yosef called reform synagogues idolatrous.

The Supreme Court scheduled a hearing for early 2020 on its 2018 injunction that required the government to explain why it had not held a disciplinary hearing for Chief Rabbi of Safed Shmuel Eliyahu for allegedly making racist and offensive statements against Arabs, Druze, women, and the LGBTI community, following a 2016 petition by the Israel Religious Action Center, Tag Meir, and other NGOs.

Israeli police continued to be responsible for security of the Temple Mount/Haram al-Sharif, with police officers stationed both inside the site and outside each entrance. Israeli police conducted routine patrols on the outdoor plaza and inside buildings on the site and regulated pedestrian traffic exiting and entering the site. Israeli police continued to maintain exclusive control of the Mughrabi Gate entrance through which non-Muslims may enter the Temple Mount/Haram al-Sharif, and allowed visitors through the gate during set hours; however, police sometimes restricted this access, citing “security concerns.” Local media, the Waqf, and Jewish Temple Mount groups reported that Israeli police maintained checkpoints outside other gates to the Temple Mount/Haram al-Sharif, preventing non-Muslims from entering these other areas without coordinating with Waqf guards inside. Some Jewish groups performed religious acts such as prayers and prostration on the Temple Mount/Haram al-Sharif despite the ban on non-Islamic prayer. NGOs, media, and Jewish Temple Mount advocacy groups continued to report that changes in relations between police and the Temple Mount advocacy movement created a more permissive environment for non-Muslim religious acts on the site. In response, the government reiterated that non-Islamic prayer was not allowed on the grounds of the Temple Mount/Haram al-Sharif. Police continued to screen non-Muslims for religious articles. Police allowed Jewish male visitors who were visibly wearing a kippah (head covering) and tzitzit (fringes), and those who wished to enter the site barefoot (in accordance with interpretations of halacha) to enter the site with police escort.

The Waqf continued to restrict non-Muslims who visited the Temple Mount/Haram al-Sharif from entering the Dome of the Rock and other buildings dedicated for Islamic worship, including the Al-Aqsa Mosque. It also lodged objections with Israeli police concerning non-Muslim visitors wearing religious symbols or religious clothing. Israeli police sometimes acted upon these objections.

Waqf officials repeated previous years’ complaints over their lack of control of access to the site. The Waqf reportedly objected to non-Muslims praying or performing religious acts on the site and to individuals who dressed immodestly or caused disturbances, but they lacked authority to remove such persons from the site. Waqf officials stated Israeli police did not coordinate with the Waqf on decisions regarding entry and barring of Muslim and non-Muslim visitors to the site. Waqf employees remained stationed inside each gate and on the plaza, but Waqf officials said they were able to exercise only a limited oversight role. The government stated that most of the time, police and the Waqf worked in full coordination, including regular joint sessions regarding routine activities.

In August 2018, the Supreme Court ordered the government to respond within 60 days to a petition by the NGO Moked Israeli Center for the Advancement of Democracy and Protection of Human Rights, which objected to a sign near the Temple Mount/Haram al-Sharif discouraging non-Muslim visitors from entering the site. The case was ongoing as of the years’ end.

Many Jewish leaders, including the government-appointed Rabbi of the Western Wall, continued to say Jewish law prohibited Jews from entering the Temple Mount/Haram al-Sharif for reasons of ritual purity. Some MKs, however, called for reversing the policy of banning non-Islamic prayer at the site to provide equal religious freedom for all visitors. Some Knesset members continued to call on the government to implement time-based division at the Temple Mount/Haram al-Sharif by setting aside certain days or hours for Jewish access and/or worship, similar to the arrangement used at the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron in the West Bank.

The government continued to allow MKs and ministers to visit the Temple Mount/Haram al-Sharif site once a month, after obtaining approval of the Chairman of the Knesset and after reviewing police security assessments. This was in accordance with a 2018 decision by Prime Minister Netanyahu, which rescinded his 2015 blanket prohibition of MKs and ministers visiting the site. MKs also must inform the Knesset guard at least 24 hours prior to the visit to allow for coordination with the visit with the police.

At the main Western Wall plaza, the place of worship nearest the Temple Mount, Judaism’s holiest site, the government continued to enforce a regulation prohibiting the performance of “a religious ceremony that is not in accordance with the customs of the place, which harms the feelings of the public towards the place.” Authorities interpreted this prohibition to include mixed-gender Jewish prayer services and other ceremonies not conforming to Orthodox Judaism.

Members of the Jewish Conservative and Reform movements continued to criticize gender segregation and rules governing how women may pray at the Western Wall. Authorities continued to prohibit visitors from bringing private Torah scrolls to the main Western Wall plaza and women from accessing the public Torah scrolls or giving priestly blessings at the site. Authorities, however, permitted women to pray with tefillin and prayer shawls pursuant to a 2013 Jerusalem District Court ruling stating it was illegal to arrest or fine them for such actions.

Authorities allowed the group Women of the Wall to hold its monthly service in the women’s area of the main Western Wall plaza but in a barricaded area. In March and October, Jerusalem Rabbi Shlomo Amar called on people to arrive at the Western Wall to oppose Women of the Wall during their monthly prayer service, referring to their activities as an effort to “hurt the sanctity of the place.” Representatives of Women of the Wall complained of a lack of effort by police or ushers from the Western Wall Heritage Foundation, which administers the Western Wall site, to intervene when ultra-Orthodox women and men disrupted their monthly prayer service with screaming, whistling, and pushing. In response, the government stated that large numbers of Israeli police, ushers, and security personnel maintained order on occasions when Women of the Wall prayed there. Women of the Wall filed a petition to the Supreme Court in March 2017 to require ushers and police to prevent disruption to their services. The case was ongoing as of the end of the year.

Authorities continued to allow use of a temporary platform south of the Mughrabi ramp and adjacent to the Western Wall, but not visible from the main Western Wall plaza, for non-Orthodox “egalitarian” (mixed gender) Jewish prayers. Authorities designated the platform for members of the Conservative and Reform movements of Judaism, including for religious ceremonies such as bar and bat mitzvahs. In response to an ongoing Supreme Court case from 2013 on the issue of prayer access at the Western Wall, the government stated in January it intended to upgrade the egalitarian prayer space. In June 2017, the government “froze” a 2016 agreement with non-Orthodox Jewish groups that offered symbolic recognition to the Conservative and Reform Judaism movements in addition to upgrading the egalitarian prayer space. In August 2018 a special government committee approved expansion of the platform. According to the government, the renovation of the platform has not been accomplished due to regulatory procedures. The non-Orthodox Jewish movements stated that upgrading the prayer space alone would not fulfill the agreement with the government. The court case was ongoing as of the end of the year.

On June 3, the National Infrastructure Committee approved, in an expedited process, a plan for the establishment of a cable car from the First Station cultural complex in Jerusalem to the Dung Gate of the Old City. On November 4, the Housing Cabinet approved the plan. The cable car route would pass over a Karaite cemetery, something opposed by the Karaite community and which, according to the Karaite belief would desecrate the cemetery, preventing its further use. While the original plan included a physical roof over the cemetery, which contradicted Karaite customs, the approved plan does not include a roof. The government stated the cable car was meant to solve accessibility problems to holy sites such as the Western Wall, although some NGOs said the project was meant to promote Jewish touristic sites in East Jerusalem. The plan was pending final approval from the government at year’s end.

The security barrier dividing most of the West Bank from Israel also divided some communities within Jerusalem, affecting access to places of worship. The Israeli government previously stated the barrier was highly effective in preventing attacks in Israel.

Several groups, including religious minorities and human rights NGOs, continued to criticize the 2018 Nation State Law. During the April and September general election campaigns, members of the Druze community, as well as others, demonstrated in front of the residences of party candidates and demanded a promise to amend the law by adding an equality clause, or to rescind it. Several politicians, including Blue and White Party leader Benny Gantz, voiced support. As of the end of the year, multiple lawsuits challenging the Nation State Law were pending with the Supreme Court. In the campaign for the April election, PM Netanyahu wrote on Instagram, “Israel is not a state of all its citizens … it is the nation-state of the Jewish people only.” In November the UN Committee on Economic, Social and Cultural Rights released observations stating that it was “deeply concerned about the possible discriminatory effect” of the Nation State Basic Law on non-Jews.

Press reporting cited growing “religionization” (hadata) of the society, its politics, and institutions. According to the August 23 issue of the New Yorker, “manifestations of hadata appear throughout civic life,” but “nowhere have those changes been more pronounced or more influential than in the public school system.” According to the article, “much of the curriculum these days is being taught through the narrow prism of religious orthodoxy.” A November report in Haaretz noted, “According to the Education Ministry, Jewish-Israeli culture is taught in a pluralistic and sometimes critical fashion. But countless examples prove otherwise.”

On April 16, six orthodox female halacha students and NGOs petitioned the Supreme Court, demanding that women be allowed to register for the Halachic exams of the State of Israel. This petition followed a rejection of their registration by the Chief Rabbinate, which the petitioners stated they viewed as wrongful discrimination. In May 2018, the government began recruiting women as legal advisors in rabbinical courts, following a petition to the Supreme Court by ITIM and Bar Ilan University’s Rackman Center for the Advancement of the Status of Women.

The MOI continued to rely on the sole discretion and approval of the Jewish Agency, a parastatal organization, to determine who qualified to immigrate as a Jew or descendant of a Jew. The government continued to deny applications from individuals, including those holding Messianic or Christian beliefs, whom the government said became ineligible when they converted to another religion.

A group of Orthodox rabbis continued to operate a private conversion court for children of families whom the state or rabbinical courts did not recognize as Jews. The Chief Rabbinate continued not to recognize non-Orthodox converts to Judaism as Jews, although they remained eligible for immigration under the Law of Return if they converted outside the country.

A series of Supreme Court cases on conversion rights, including a petition demanding immigration rights to those who completed Reform or Conservative conversions inside the country, continued through year’s end.

According to ITIM, some individuals from the former Soviet-Union were asked by the rabbinate to take DNA tests in order to prove their Judaism. While the Supreme rabbinical court overturned two such requests, in a response to a Supreme Court petition, the government stated on September 16 that it supported consensual DNA tests as a last resort. The case was ongoing at year’s end.

According to a June report in Haaretz, a “large majority” of Jews in the country would strip the Chief Rabbinate of its authority to determine who qualified as Jewish in the country, according to a survey published July 2 by the Jerusalem-based Israel Democracy Institute.

District courts declared two Jewish men as “lacking religion” due to their requests in January and March to change to this status and demanded that the MOI change their status in the civil population registry.

Petitions of four municipalities against Interior Minister Deri’s rejection of their bylaws that would have legalized commerce on Shabbat were pending at the Supreme Court. An additional petition was dismissed without prejudice on July 23.

The MRS listed 21 dedicated cemeteries in Israel and the West Bank for persons the government defined as “lacking religion,” but only two were available for use to the broader general public regardless of residence. The one MRS-administered cemetery in the West Bank was available only for the burial of Israeli citizens. Additionally, 13 MRS-administered cemeteries in 10 agricultural localities were authorized to conduct civil burial (i.e., not affiliated to a religion) for these localities and nearby residents. Some persons, however, who sought a civil burial for a relative reported several civil cemeteries near Tel Aviv were unusable because they were full or restricted to local residents. Jehovah’s Witnesses reported that the distant location of such cemeteries made it difficult to arrange and attend burials. In 2018, the MRS published a call for proposals to develop or expand cemeteries for civil burials, following a 2016 report by the state comptroller that criticized the MRS for not implementing the civil burial law and thereby preventing the right of citizens to civil burial. On July 18, Hiddush petitioned the Supreme Court demanding the state to allow civil burial in agricultural localities. On July 4, following another Hiddush petition, the IDF announced it would change its orders to allow for non-Orthodox military burial ceremonies.

The government again did not propose new draft legislation to respond to the 2017 Supreme Court decision striking down the exemption of ultra-Orthodox men from military service and setting a deadline of one year to pass new legislation to reduce inequality in the burden of military service between ultra-Orthodox and other Jews. The government requested additional time to pass a new draft law and received a postponement until January 2020. Some ultra-Orthodox communities stated that mandatory conscription was a violation of the right to conscientious objection on the basis of their religious beliefs; however, the Ministry of Defense rejected this argument. Those exempt from compulsory military service continued to have the option to join the National Service, a civilian alternative in which volunteers work for two years to promote social welfare in schools, hospitals, or NGOs. According to government officials and NGOs, this alternative was more popular among women from “national religious” Jewish Orthodox backgrounds than other exempt groups.

Members of the ultra-Orthodox “Eda Haredit” community did not receive an exemption from military service based on its members’ conscientious objection on religious grounds. Because its yeshivas were not recognized by the state, they did not receive the same postponement and exemption from military service as other yeshiva students. As a result, dozens of them were arrested every month, according to representatives of the community.

In December, the IDF stated that it had made a counting mistake in recent years in the number of ultra-Orthodox in the military. According to media reports, numbers were doubled and even tripled to meet the objectives set by the law. The IDF stated data was not skewed intentionally and the Chief of Staff appointed a committee to inquire regarding the gaps in the figures.

According to the website of Brigham Young University’s Jerusalem Center, the government maintained an agreement with The Church of Jesus Christ of Latter-day Saints that no member of the Church “will engage in proselytizing of any kind” within Israel, the West Bank, and Gaza. Some other nonrecognized Christian communities reported the MOI Department of Non-Jewish Affairs discouraged them from proselytizing or holding large public gatherings outside their houses of worship.

The government maintained its policy of not accepting applications for official recognition from nonrecognized religious groups, including evangelical Christian churches and Jehovah’s Witnesses. The government stated no religious community had attempted to apply for recognition during the year. The government stated some leaders of nonrecognized religions were invited and participated along with the leaders of recognized religions at official events or ceremonies.

On June 13, a judicial panel reviewed an appeal by the Jehovah’s Witnesses to the Supreme Court that requested official recognition as a religious community. According to the Jehovah’s Witnesses, despite repeated requests, the government had not taken action on their 2017 application. The panel did not make a decision by year’s end.

According to the Jehovah’s Witnesses, on January 16, a judicial panel reviewed an appeal to the Supreme Court in connection with the Jehovah’s Witnesses’ efforts to obtain recognition of the Watchtower Association of Israel as a “public institution” under the Land Taxation Law. The Jehovah’s Witnesses made their original application in 2012 and although the tax authority approved the application, the Finance Committee of the Knesset, which has the authority to grant such exemptions, placed the application on hold. In response to a 2017 lawsuit by the Jehovah’s Witnesses, the committee stated it was within its rights to deny tax exemptions to “missionary associations.” The Jehovah’s Witnesses then appealed to the Supreme Court. The judicial panel gave the tax authority additional time for further review and investigation and ordered it to present a final position on whether or not the Watchtower Association met the requirements for an exemption. After a hearing on May 22, the tax authority informed the Supreme Court on November 7 that it approved the application for tax exemption. At year’s end, the Knesset Finance Committee had not reviewed that decision.

Public Hebrew-language state schools taught Jewish history, culture, and some basic religious texts. Many ultra-Orthodox religious schools in the “recognized but not official” category continued not to offer the basic humanities, math, and science curriculum. The government, however, included the basic curriculum in public ultra-Orthodox schools. Public Arabic-speaking schools continued to teach religion classes on the Quran and the Bible to both Muslim and Christian Arab students. A few independent mixed Jewish-Arab schools also offered religion classes. For example, the curriculum at the nonprofit school Hand-in-Hand: Center for Jewish-Arab Education, which received a third of its funding from the government, emphasized commonalities in the holy writings of Judaism, Christianity, and Islam.

According to the NGO Noar Kahalacha, dozens of Jewish schoolgirls were still unable to attend ultra-Orthodox schools due to discrimination based on their Mizrahi ethnicity (those with ancestry from North Africa or the Middle East), despite a 2009 court ruling prohibiting ethnic segregation between Mizrahi and Ashkenazi schoolgirls. A 2017 report from the state comptroller criticized the Ministry of Education (MOE) for failing to respond effectively to discrimination in educational institutions, including discrimination against girls in ultra-Orthodox schools. The government stated the MOE did not tolerate any form of discrimination, and schools that refused to accept students for discriminatory reasons were summoned to hearings, sometimes leading to delays and denial of their budgets until the schools resolved the discrimination.

The government funded approximately 34 percent of the budget of Christian school systems in the “recognized but not official” category, in which schools have autonomy over hiring teachers, admitting students, and the use of school property, according to church officials. The government repeated its offer made in previous years to fully fund Christian schools if they became part of the public school system, but churches rejected this option, stating that, unlike in Orthodox schools, they would lose autonomy over those decisions. Church leaders criticized the disparity in government funding between their school system and those affiliated with the ultra-Orthodox political parties United Torah Judaism and Shas, which were also categorized as “recognized but not official” but received full government funding.

Seventh-day Adventists stated they faced difficulty traveling to their houses of worship in cities in which public transportation was unavailable on Shabbat, including Jerusalem. Some nonrecognized religious groups, including Jehovah’s Witnesses and Seventh-day Adventists, received a property tax exemption on their houses of worship, although others, such as Buddhists and the Church of Scientology, did not. The government has stated local authorities conducted tax collection from nonrecognized religious groups in accordance with the law. The government stated it was unaware of any recent case in which a religious house of worship was not granted a property tax exemption, although representatives of religious groups stated that tax collection by local authorities remained a concern.

Christian leaders reported little difficulty obtaining visas for clergy to serve in the country, except for Christian clergy from Arab countries, some of whom reported long delays and periodic denials of their visa applications. The government stated Christian clergy from Arab countries were subject to the same entry laws and similar security procedures as clergy from other parts of the world and that any visa delays or denials were due to security reviews. The government also said there were some “unavoidable delays” in cases of applicants from countries that did not have diplomatic relations with Israel. Church officials noted the clergy visa did not allow the bearer access to basic social benefits such as disability insurance or national health insurance, even for those who had served in the country for more than 30 years.

The government continued to approve annual “delays” of conscription to military service for individual Jehovah’s Witnesses upon presentation of documentation of their continued affiliation with their religious community, although without acknowledging their right to conscientious objection. Because members of the community were not exempt from military service, they could not participate in the national civil service program as alternative service.

The MOI continued to train Druze and Muslim clerical employees of the state on how to work with government ministries. The MOI appointed and funded approximately half of the Druze and Muslim clerics in the country. Muslim leaders criticized the MOI for appointing non-Muslims to head the Muslim Affairs Department at the ministry, mostly Druze former military officials. Muslim leaders again said the MOI routinely monitored and summoned for “talks” those whom the ministry suspected of opposing government policies. According to the government, the government did not monitor clerics, but government employees of all faiths were “expected not to incite against the state in their official capacities.” The government stated the remaining Druze and Muslim clerics were not state employees due to either the preference of the local community or lack of MOI budget. Muslim leaders stated sharia court judges, who were Ministry of Justice employees, were their preferred religious representatives.

No Islamic seminaries remained in the country, and students of Islam traveled elsewhere, primarily Jordan or the West Bank, to study. The government stated there were “Islamic colleges” in Umm al-Fahm, Baqa’a al-Gharbia, and Kfar Baraa. Muslim leaders rejected this assertion, stating the institutes in Umm al-Fahm and Kfar Baraa, operated by an NGO that teaches some Islamic studies, were not recognized as educational institutions by the Israeli Council for Higher Education. The Muslim leaders also said Al-Qasemi College in Baqa’a al-Gharbia was a teachers’ college that included a program for teaching Islam in schools. The leaders stated that none of those institutes was an Islamic seminary.

The government continued to promote measures to encourage increased Israeli residence and economic development in the thinly populated Negev Desert in the south of the country, including development plans for military industries, railways, the expansion of Road 6, and a phosphate mine. Civil society organizations criticized the government for these plans, stating they could lead to the displacement of 36,000 Bedouins. The government made more funding available for government-approved Bedouin cities and towns to relocate Bedouins displaced by the economic expansion.

The government also took measures aimed at strengthening the nine Bedouin municipalities in the Negev by improving the municipalities’ management to better utilize the three billion shekels ($870 million) provided through the Ministry of Agriculture’s (MOA) Socioeconomic Development Plan for Negev Bedouin 2017-2021 to improve infrastructure, education, public services, and employment in government-approved Negev Bedouin cities and towns. The government held joint planning forums to address violence, women’s employment, strategic planning, and education in Bedouin municipalities, with the stated intention of improving communication between the Bedouin municipalities and the government. According to the NGO Negev Coexistence Forum for Civil Equality, 115 of 126 communities in the Negev maintained admission committees to screen new residents, which the NGO stated effectively excluded non-Jewish residents. Following objections by multiple NGOs, authorities canceled plans for new communities called Daya, Eshel HaNasi, and Neve Gurion that would have replaced existing Bedouin villages.

As of year’s end, Bedouin residents in the unrecognized village of Umm al-Hiran had not fulfilled the agreement they reached in 2018 with the Ministry of Agriculture Authority for the Development and Settlement of Bedouin in the Negev to self-demolish their structures and relocate to vacant plots in the Bedouin town of Hura. This agreement followed years of legal battles and negotiations, in preparation for replacing Umm al-Hiran with a community called Hiran. Families sponsored by the OR Movement (an organization dedicated to expanding the Israeli population of the Negev and Galilee regions) to move to Hiran remained in the forest outside Umm al-Hiran, living in mobile homes donated by the Jewish National Fund, while waiting for the village land to become available.

Some former mosques and Islamic cemeteries remained sealed and inaccessible, including to Muslims. These sites belonged to a defunct prestate Waqf (distinct from the Jerusalem Jordanian-administered Waqf of the Haram al-Sharif) until confiscated by the state after the 1948 War of Independence. Other former mosques continued to be used for secular purposes. In December 2018, following a decades-long legal battle between the Jaffa Muslim community and a real estate developer, the government approved a request from the Tel Aviv Municipality to recognize Tasou Cemetery in Jaffa as an Islamic cemetery. This decision included authority for the Muslim community to manage the cemetery but did not transfer its ownership. The Islamic Council in Jaffa welcomed the decision, publicly calling it “a just decision that’s been waiting for more than 70 years.”

Muslim community leaders reported no difficulties obtaining municipal approval for construction of mosques in Muslim-majority localities, but they sometimes faced difficulty in Jewish-majority localities.

On June 6, the Karaite community submitted a second petition to the Supreme Court, which remained pending at year’s end, to block the expropriation of land, previously allocated to a Karaite synagogue in Ramla, for the construction of a highway interchange. The Karaites stated that the loss of land and the new interchange would disrupt their religious and communal activity. In 2018, the Ministry of Transportation ordered the expropriation of the land, and the Karaites subsequently appealed to the Supreme Court. Later in 2018, the Supreme Court dismissed the Karaites’ appeal on procedural grounds, stating the case should be submitted to a lower court. The government subsequently reported it had reached an agreement with the Karaite community that would minimize the amount of land expropriated and optimize use of the land for the synagogue’s needs. The Karaites, however, denied an agreement had been reached and submitted the second petition to the Supreme Court.

The IDF continued to have only Orthodox Jewish chaplains; the government employed civilian clergy of different faiths as chaplains at military burials when a non-Jewish soldier died in service. The MOI continued to provide imams to conduct military funerals for Muslim soldiers according to Islamic customs.

In some ultra-Orthodox neighborhoods, private organizations posted “modesty signs” demanding women obscure themselves from public view to avoid distracting devout men. The local municipality of Beit Shemesh failed to comply with court orders from 2015 and 2016 to remove the signs, and the Jerusalem District Court ruled in 2017 that the municipality would face a fine of 10,000 shekels ($2,700) per day if the signs remained posted. Following the municipality’s refusal to remove the signs, the Supreme Court ruled in November 2018 that authorities must comply with the order by December 31, 2018 or start paying fines. The Supreme Court later extended the deadline until August 30. According to the government, the municipality did not fully implement the ruling by the end of the year, and some signs that were taken down were replaced by new ones. Vandals repeatedly tore down or defaced billboards showing pictures of women, including commercial advertisements, public awareness campaigns, and political advertisements.

NGOs Adalah and the Secular Forum organized petitions against a ban on bringing non-kosher-for-Passover foods (known as hametz) into public hospitals during Passover. On March 5, the Supreme Court issued an injunction demanding that the government explain why it could not implement “proportional solutions” to the problem, such as the use of disposable plates and utensils at the hospital. In response, on July 15, the government maintained its support for establishing “hametz zones” on hospital premises but outside of hospital buildings and explained that solutions such as the use of disposable utensils were technically problematic. In October, the Chief Rabbinate told the Supreme Court it opposed the use of disposable utensils as well as the establishing “hametz zones.” It stated that bringing hametz into hospitals during Passover would violate religious freedom and the right to life, as it would lead some individuals to avoid going to the hospital during Passover.

According to the NGO HaMoked, there were approximately 10,000 Palestinians living in Israel, including Jerusalem, on temporary stay permits because of the citizenship and entry law, with no legal guarantee they could continue living with their families. There were also cases of Palestinian spouses of non-Israeli residents living in East Jerusalem without legal status. Some non-Israeli residents moved to Jerusalem neighborhoods outside the security barrier to live with their nonresident spouse and children while maintaining Jerusalem residency. According to Christian religious leaders, this situation remained an especially acute problem for Christians because of their small population and consequent tendency to marry Christians from the West Bank or elsewhere (Christians who hold neither citizenship nor residency). A Christian religious leader expressed concern this was a significant element in the continuing decline of the Christian population, including in Jerusalem, which negatively impacted the long-term viability of their communities.

In a May 20 statement, leaders of the Catholic churches in Jerusalem said the failure of international diplomacy and the peace process led many residents to feel “their lives have become more and more unbearable,” causing some to emigrate, with “many more consider leaving … [while] some are resorting to violence.” According to NGOs, community members, and media commentators, other factors contributing to Christian emigration included political instability; the inability to obtain residency permits for spouses due to the 2003 Law of Citizenship and Entry; limited ability of Christian communities in the Jerusalem area to expand due to building restrictions; difficulties Christian clergy experienced in obtaining Israeli visas and residency permits; loss of confidence in the peace process; and economic hardships created by the establishment of the security barrier and the imposition of travel restrictions. The government stated such difficulties stemmed from the “complex political and security reality” and not from any restrictions on the Christian community.

While the law does not authorize the Israel Land Authority (ILA), which administers the 93 percent of the country in the public domain, to lease land to foreigners, in practice, foreigners have been allowed to lease if they could show they would qualify as Jewish under the Law of Return. This public land includes approximately 12.5 percent owned by the Jewish National Fund (JNF), whose statutes prohibit sale or lease of land to non-Jews. The application of ILA restrictions historically limited the ability of Muslim and Christian residents of Jerusalem who are not citizens to purchase property built on state land, including in parts of Jerusalem. In recent years, however, an increasing number of non-Israeli citizens in Jerusalem have acquired property built on ILA-owned land. Arab citizens are allowed to participate in bids for JNF land, but sources stated that the ILA will grant the JNF another parcel of land whenever an Arab citizen of Israel wins a bid.

On June 11, the Supreme Court upheld a lower court 2017 decision in favor of Ateret Cohanim, a Jewish pro-settlement organization, which signed a 99-year lease through three companies in 2004 for three properties owned by the Greek Orthodox Church in Jerusalem’s Old City. The Church had argued that its official who signed the lease was not authorized to do so. In a July 11 protest of the court’s ruling, Christian leaders prayed outside the disputed buildings and, according to the Times of Israel, the Greek Orthodox patriarch said that “extremist groups [were] trying to weaken the unity and identity of the Christian neighborhood.” In August the Greek Orthodox Church filed a new lawsuit seeking to overturn the Supreme Court decision, stating it had new evidence of corruption and fraud involving the sale. After filing the case, the patriarchate said that changing Jerusalem’s status quo “threatens the continuous hundreds-of-years old mosaic and balance that shores [up] the good relations between Jerusalemites of different faiths.” In November, after representatives of the three companies used by Ateret Cohanim failed to respond to the Church’s lawsuit, the Jerusalem District Court ordered the case reopened.

Some NGOs reported incidents in which they said authorities violated the freedom not to practice religion, particularly in the secular public education system and the military. For example, the Secular Forum continued to criticize the MOE’s “Jewish Israeli culture curriculum” for students in the first to ninth grades, referring to it as “religious indoctrination to young children.” The Secular Forum also opposed religious programs in those schools by private religious organizations, such as presentations about Passover in March by the Chabad ultra-Orthodox Jewish movement. The government denied students were subjected to religious indoctrination or coercion, stating the secular public school curriculum included lessons “on the culture of the Jewish people,” including elements of the Jewish faith and traditions, such as the Jewish calendar and holidays. According to Haaretz, in May the minister of education canceled a regulation that required schools to inform parents of activities of religious NGOs in schools and the option to allow children to opt out of participation.

In November the Secular Forum and Hiddush filed a freedom of information petition to a district court in order to obtain information regarding the repeated cancelation of visits of families in some IDF bases on Shabbat, according to the Secular Forum, in order not to discriminate against religiously observant soldiers. The IDF responded to the petition, admitting that some bases were not holding visits on Shabbat, and established a committee to offer recommendations. The recommendations were pending as of the year’s end. In some instances, IDF soldiers were punished for keeping non-kosher foods in their rooms.

Women’s rights organizations cited a growing trend of gender segregation reflecting increased incorporation of Jewish religious observance in government institutions, including in the IDF, as accommodation to increase the enlistment of participants who follow strict interpretations of Jewish law prohibiting mixing of the sexes. On April 14, following a wave of protests by national religious rabbis, the IDF stopped allowing women to serve in combat positions in the armored corps despite a successful pilot program, citing economic and logistical reasons. Many observers, however, stated that the trend in recent years has been toward greater inclusion of women in the IDF, including in combat roles and senior leadership positions.

Following a petition by Tebeka, a human rights group focusing on issues involving the Ethiopian Jewish community, the Chief Rabbinate Council adopted recommendations on October 31 according to which it would be prohibited to verify a person’s Judaism based on their origin or skin color. Tebeka petitioned the Supreme Court to object to a demand by the Kiryat Gat rabbinate to verify the Judaism of Ethiopian workers of a catering company in order for the business to receive a certificate for the most stringent level of kosher supervision.

Certain NGOs monitoring archaeological practices in Jerusalem continued to state the Israel Antiquities Authority (IAA) emphasized archaeological finds that bolstered Jewish claims while minimizing historically significant archaeological finds of other religions. Archeologists from the NGO Emek Shave disputed the government’s representation of the “pilgrim’s road,” a tunnel dug by the IAA and inaugurated in Silwan on June 30, as being historically part of the pilgrimage route to the Jewish Second Temple; Emek Shemek said the excavation method did not establish with certainty the date and purpose of the road. NGOs such as the Ir David Foundation and the Jerusalem Institute for Strategic Studies supported the government’s position.

According to the AP, the government was trying to end the custom of polygamy among Bedouins in the Negev and, for the first time, prosecuted suspected polygamists. Many Bedouins stated they saw this new policy as a means to curb their population growth and criminalize community members. Emi Palmor, the former director general of the Ministry of Justice, stated she was determined to enforce the law but was trying to do so with input from the community, and said she spent two years researching the issue and discussing solutions with Bedouin activists. Although the country outlawed polygamy decades ago, approximately 20 to 30 percent of Bedouin men practiced polygamy, according to government figures, with the rate as high as 60 percent in some villages. On September 20, the Beer Sheva District Court convicted Amin Abu Sakik from the Bedouin town of Rahat of polygamy and sentenced him to seven months in prison. The decision superseded a lighter sentence issued by the Beer Sheva Magistrate’s Court of community service, one-year suspended sentence, and a fine. Abu Sakik was the first person to be convicted of polygamy since enforcement of the law was renewed in 2017.

At the beginning of the year, the 120-member Knesset had 16 members from religious minorities (12 Muslims, three Druze, and one Christian). At year’s end, following two elections, the Knesset had 14 members from religious minorities (nine Muslims, three Druze, and two Christians). As of June, the 23-member cabinet included one Druze minister; there were no Muslim or Christian cabinet members. At year’s end, there were no Druze, Muslim, or Christian members of the cabinet.

South Africa

Executive Summary

The constitution provides for freedom of religion and belief and prohibits discrimination on the basis of religion. The government does not require religious groups to register; however, registered groups receive tax-exempt status. Throughout the year, religious groups and nongovernmental organizations (NGOs) continued to express concerns that two separate draft laws, one requiring religious groups to register with the government and the other criminalizing, defining, and punishing hate crimes and speech, could potentially infringe on religious freedom and freedom of speech. In March the Pretoria High Court ordered the Dutch Reformed Church to allow individual church councils to recognize and bless same-sex relationships and to employ noncelibate gay clergy. In September the Constitutional Court ruled that parental rights to religious freedom did not include the right to discipline their children using corporal punishment (including spanking), in response to a case brought by the NGO Freedom of Religion SA.

The South African Jewish Board of Deputies (SAJBD) recorded 36 anti-Semitic incidents during the year – a 15-year low. Numerous individuals made anti-Semitic comments throughout the year. Religious leaders reported a number of anti-Muslim incidents, including vandalism of several mosques and desecration of Muslim graves in a Cape Town cemetery, and attempts to prevent the slaughter of animals for Eid-al-Adha.

U.S. government officials met with religious groups and NGOs, including Muslim, Hindu, Christian, Jewish, and humanist representatives, to gauge and discuss issues of religious freedom, including cases of anti-Semitism and anti-Muslim sentiment, and a proposed draft bill that would require religious institutions to register with the government in order to operate.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of religion and belief, including the right to form, join, and maintain religious associations. It prohibits religious discrimination and specifies freedom of expression does not extend to advocacy of hatred based on religion. The constitution permits legislation recognizing systems of personal and family law to which persons professing a particular religion adhere. It also allows religious observances in state or state-supported institutions, provided they are voluntary and conducted on an equitable basis. These rights may be limited for reasons that are “reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom” and take account of “all relevant factors.” Cases of discrimination against persons on the grounds of religion may be taken to Equality Courts, the South African Human Rights Commission, and the Constitutional Court. The constitution also provides for the promotion and respect of languages used for religious purposes, including, but not limited to, Arabic, Hebrew, and Sanskrit.

The constitution establishes and governs the operation of the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities (CRL) with the mission of fostering the rights of communities to freely observe and practice their cultures, religions, and language. The CRL is an independent national government institution whose chair is appointed by the president and whose commissioners include members of the clergy, scholars, and politicians, among others.

The law does not require religious groups to register; however, registered religious and other nonprofit groups may qualify as public benefit organizations, allowing them to open bank accounts and exempting them from paying income tax. To register as a public benefit organization, groups must submit a nonprofit organization application, including their constitution, contact information, and list of officers and documentation stating they meet a number of prescribed requirements that largely ensure accounting and tax compliance, to the provincial social development office. A group registers once with the local office but its status then applies nationwide. Once registered, the group must submit annual reports on any changes to this information, important achievements and meetings, and financial information, as well as an accountant’s report.

The government allows but does not require religious education in public schools but prohibits advocating the tenets of a particular religion.

The law allows for marriages to be conducted under customary law; however, it applies only to “those customs and usages traditionally observed among the indigenous African people” and may be performed by all religious groups and their leaders.

The constitution grants detained persons visitation rights with their chosen religious counselor.

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

Government Practices

In March the Pretoria High Court ordered the Dutch Reformed Church to allow individual church councils to recognize and bless same-sex relationships and to employ noncelibate gay clergy. The case effectively ended the Church’s 2016 policy banning LGBTI persons from marrying or becoming clergy, according to civil society activists. In September the Church’s General Synod adopted a policy “in which everyone’s human dignity is respected.” The synod’s decision allowed councils and ministers to “confirm civil unions between persons of the same sex” and called for the licensing of theological students without regard to their “race, gender, class, or sexual orientation and identity.”

In June the South African National Defence Force (SANDF) charged an officer with disobedience for refusing to remove her religious headscarf. Major Fatima Isaacs worked in SANDF for more than a decade and always wore the Islamic garment under her military beret. According to her attorney, Isaacs received permission to wear her hijab from senior officers. One “colonel had continuously refused her request until he served her with a final written warning for repeatedly disobeying a lawful instruction,” the attorney said. In August SANDF gave Isaacs interim relief while it reviewed its dress code. In November the case was postponed to January 2020.

In September the CRL denounced a public school in Alberton, Gauteng for promoting a specific religion. The CRL cited a 2017 ruling by the High Court in Johannesburg that found it unconstitutional for Laerskool Randhart and other public schools to promote one religion over others. A parent complained to the CRL that the school continued to hold Monday morning Bible reading and prayer along with Wednesday religious periods featuring a teacher from a church. “The outcome of the High Court matter is quite explicit about this because it said that schools have the right to determine access to any religion, but any preference given to one religion is not permitted,” said CRL Chair Luka David Mosoma.

Also in September, in a case brought by the NGO Freedom of Religion SA, the Constitutional Court ruled that parents may not spank their children. The case concerned a father convicted in 2016 of assaulting his 13-year-old son and upheld an earlier ruling by the High Court to do away with the common-law defense of reasonable chastisement when spanking a child. The Constitutional Court found that “violence meted out to the son… took the form of vicious kicking and punching… The father could not… [have] relied on any religious or cultural ground to justify that unmistakably immoderate and unreasonable application of force…The application of force or a resort to violence, which could be harmful or abused, cannot in circumstances where there is an effective non-violent option available be said to be consonant with the best interests of the child.” The court charged parliament with devising an appropriate regulatory framework to implement the decision and stated, “The aim is not to prosecute parents but to get them to parent better. The removal of the defense does not mean that all cases of parental corporal punishment mean automatic or frequent prosecution of parents.” Freedom of Religion SA argued that “there is a clear distinction between violence or abuse, and mild (non-injurious) physical correction.” Freedom of Religion SA’s attorney said the judgment “sets a very dangerous precedent in that the State can dictate to people of faith how to read and live out the Scriptures, thereby seriously eroding their right to religious freedom.”

According to media, the Johannesburg Metro Police (JMPD) closed at least 16 churches for not complying with city bylaws regarding noise and fire safety. JMPD also created a forum with church leaders to raise awareness about the municipal code. “Rogue churches, they will never be allowed,” JMPD head David Tembe told the private broadcaster eNCA.

In February the then minister of cooperative governance and traditional affairs urged the CRL to “protect the public against abuse in the name of religion” after a video clip of a pastor allegedly raising someone from the dead was widely distributed on the internet. In July the new CRL chair stated that “the issue of regulation of religion is still on the plate… Parliament will have to take a position on whether religion is regulated or not.” Several groups, including the Southern Africa Catholic Bishops’ Conference, the nonprofit Christian organization Freedom of Religion South Africa (FORSA), and the International Institute for Religious Freedom, stated their continued opposition to a 2016 CRL legislative proposal requiring religious groups to register, stating it would restrict their religious freedom. The proposal would require religious groups to register formally with the government and would create a peer review council, consisting of representatives from various religious groups, which would grant organizations and individual religious leaders’ permission to operate. In 2018 the Parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs announced that every comment it had received from the religious community opposed the CRL proposal. No member of the committee recommended that the CRL proposal be forwarded for adoption by parliament. According to media, the legislative proposal was prompted by the CRL’s 2016 investigation that revealed some independent church leaders instructed their congregations to eat live snakes, expose their faces to insect repellant, drink gasoline, and pay large sums of money to receive blessings and miracles. The proposal remained with the parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs at year’s end.

In 2018 the Department of Justice introduced to parliament a hate crimes and hate speech bill that would criminalize any action or statement motivated by bias or hatred towards an individual based upon a number of categories, including his or her ethnic, national, religious, or sexual identity; health status; employment status or type; or physical ability. The bill would provide law enforcement officials and courts increased authority to arrest and punish offenders, and it would mandate prison sentences of up to three years for first-time offenses. Opponents to the bill, including religious figures, media representatives, and civil society and NGOs, argued the bill’s definition of hate crimes and speech was too vague and could potentially restrict freedom of religion and speech. The draft legislation was expected to be debated in parliament in early 2020, according to media reports.

Twin brothers Brandon Lee Thulsie and Tony Lee Thulsie continued to await trial on charges of contravening the Protection of Constitutional Democracy Against Terror and Related Activities. The brothers, along with two others who were alleged to have links to ISIS, were arrested in 2016 for allegedly planning to set off explosives at the U.S. Embassy in Pretoria and Jewish institutions in the country. Their trial was expected to begin in March 2020.

United Kingdom

Executive Summary

In the absence of a written constitution, the law establishes the Church of England as England’s state church and the Church of Scotland as Scotland’s national church. The law prohibits “incitement to religious hatred” as well as discrimination on the grounds of religion. The government created and filled two new positions dealing with religious freedom issues: an independent advisor on anti-Semitism and an independent advisor appointed to provide expert advice on a definition of “Islamophobia.” The government also appointed a new special envoy for freedom of religion or belief. In addition to coordinating efforts among faith groups in the UK, the special envoy will play a key role in the UK’s international advocacy for religious freedom and has been charged with implementing recommendations from an independent review into the Foreign and Commonwealth Office’s (FCO’s) support for persecuted Christians, completed in May. Following the Christchurch, New Zealand mosque attack, the government doubled the amount of funding from 800,000 pounds ($1.06 million) in 2018-2019 to 1.6 million pounds ($2.11 million) from 2019-2020 available to provide security at places of worship and related security training. This was in addition to a new five million pound ($6.6 million) fund to provide security training for places of worship across England and Wales. The main political parties and party members faced numerous accusations of religious bias. The Conservative Party suspended several members who posted or endorsed anti-Muslim comments on Twitter. The Muslim Council of Britain (MCB) asked the Equalities and Human Rights Commission (EHRC) to launch an inquiry into “Islamophobia in the Conservative Party”; however, no inquiry was launched by year’s end. Separately, after receiving a number of complaints, the EHRC launched an investigation into whether the Labour Party had “unlawfully discriminated against, harassed, or victimized people because they are Jewish.” A BBC documentary reported allegations of anti-Semitism within the Labour Party and the party’s and its leader’s mishandling the issue.

The government reported a 3 percent increase (to 8,566 offenses) in religiously motivated hate crimes in England and Wales in the 2018-2019 period. The annual report of the nongovernmental organization (NGO) Community Security Trust (CST) recorded 1,805 anti-Semitic incidents during the year, the highest ever annual figure recorded by the organization, and 7 percent higher than the preceding year. This was the fourth year in a row in which CST documented a record high. Among the anti-Semitic incidents were 157 assaults and one incident classified as “extreme violence.” There were a further 710 incidents of nonviolent abusive behavior. CST recorded 697 anti-Semitic online incidents, a sharp rise from 384 in 2018. The most recent annual report from NGO Tell MAMA (Measuring Anti-Muslim Attacks), which monitors anti-Muslim activity, showed 3,173 reports of anti-Muslim hate incidents in 2018, including 1,891 recorded by police. This was the highest number since the NGO’s founding in 2011. A European Commission (EC) survey published in September showed that 61 percent of respondents believed discrimination based on religion or belief was very or fairly widespread in the country, while 34 percent said it was fairly or very rare. A Special Eurobarometer survey of perceptions of anti-Semitism based on interviews conducted in December 2018 showed that 62 percent of respondents believed anti-Semitism was a problem in the country, and 44 percent believed it had increased over the previous five years. A number of interfaith initiatives took place throughout the year, including activities across the country during Inter-Faith Week in October.

Visiting senior U.S. government officials and embassy staff engaged with government officials and religious groups to advance international religious freedom issues, supported by a strong social media presence. In July and October, the U.S. Special Envoy to Monitor and Combat Anti-Semitism met with government officials and encouraged British Jewish and interfaith communities to continue to speak out against religious hatred and intolerance. In a roundtable with the Archbishop of Canterbury and other faith leaders in May, the Secretary of State welcomed input by faith leaders in the policymaking process. In April the Ambassador met with the top leaders of the British Jewish community to hear their concerns regarding the rise of anti-Semitism in the UK and Europe. In October the Ambassador co-hosted an event with the FCO to celebrate International Religious Freedom Day, joined by the Minister of State for the Commonwealth, UN, and South Asia. Throughout the year, the embassy’s social media messaging on international religious freedom reached approximately 170,000 persons.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

In the absence of a written constitution, the law establishes the Church of England as England’s state church. Scotland, Wales, and Northern Ireland do not have state religions. Legislation establishes the Church of Scotland as Scotland’s national church, but it is not dependent on any government body or the queen for spiritual matters or leadership.

The Human Rights Act 1998 protects freedom of thought, conscience, and religion. It states, “Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.” The Human Rights Act reaffirms the European Convention of Human Rights, Article 9, which guarantees freedom of thought, conscience, and religion, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society.”

As the supreme governor of the Church of England, the monarch must always be a member of, and promise to uphold, that Church. The monarch appoints Church of England officials, including lay and clergy representatives, on the advice of the prime minister and the Crown Appointments Commission. Aside from these appointments, the state is not involved in the Church’s administration. The Church of Scotland is governed by its General Assembly, which has the authority to make the laws determining how it operates.

In England and Wales, the law prohibits religiously motivated hate speech and any acts intended to incite religious hatred through the use of words or the publication or distribution of written material. The law defines religious hatred as hatred of a group because of its religious belief or lack thereof. Police are responsible for investigating criminal offenses and for gathering evidence; the Crown Prosecution Service, which is an independent body and the main public prosecution service for England and Wales, is responsible for deciding whether a suspect should be charged with a criminal offense. The maximum penalty for inciting religious hatred is seven years in prison. If there is evidence of religious hostility in connection with any crime, it is a “religiously aggravated offense” and carries a higher maximum penalty than does the underlying crime alone. In Scotland the law requires courts to consider the impact of religious bias when sentencing.

By law the General Register Office for England and Wales governs the registration and legal recognition of places of worship in England and Wales. A representative of the congregation, for example, a proprietor, trustee, or religious head, must complete and submit an application form and pay a fee of 29 pounds ($38) to a local registrar. The General Registrar Office typically provides registration certificates to the local superintendent registrar within 20 working days. The law also states buildings, rooms, or other premises may be registered as meeting places for religious worship upon payment of a fee; the General Register Office for England and Wales keeps a record of the registration, and the place of worship is assigned a “worship number.” Registration is not compulsory, but it provides certain financial advantages and is also required before a place of worship may be registered as a venue for marriages. Registered places of worship are exempt from paying taxes and benefit from participating in the country’s Gift Aid program. Gift Aid allows charities to claim back the 25 percent basic rate of tax already paid on donations by the donor, boosting the value of a donation by a quarter. The law only applies in England and Wales and does not cover the Church of England or Wales.

The law requires religious education (RE) and worship for children between the ages of three and 18 in state-run schools, with the content decided at the local level. Specialist schoolteachers, rather than religious groups, teach the syllabus. Parents may request to exempt their children from RE, and in England and Wales, students may opt out themselves at age 14, although religious worship continues until students leave school at either age 16 or 18. State schools that are not legally designated as religious require the RE curriculum to reflect “Christian values,” be nondenominational, and refrain from attempts to convert students. It must also teach the practices of other principal religions in the country. Students and, unless they are employed by faith-based schools, teachers may decline participation in collective worship, without prejudice. All schools not designated as religious, whether private or state-run, must maintain neutrality in their interpretation of the RE syllabus and must avoiding presenting one faith or belief as greater than another.

State schools in England and Wales that are not legally designated as religious are required to practice daily collective prayer or worship of “a wholly or mainly…Christian character.” Schoolteachers lead these assemblies; however, parents have the legal right to request their children not participate in collective prayer or worship. The law permits sixth form students (generally 16- to 19-year-olds in the final two years of secondary school) to withdraw from worship without parental permission or action. State schools not designated as religious are free to hold other religious ceremonies as they choose.

The government requires schools to consider the practices of different religious groups when setting dress codes for students. This includes wearing or carrying specific religious artifacts, not cutting hair, dressing modestly, or covering the head. Guidance from the Department of Education requires schools to balance the rights of individual students against the best interests of the school community as a whole; it acknowledges schools could be justified in restricting individuals’ rights to manifest their religion or beliefs when necessary, for example, to promote cohesion and good order.

In Scotland only denominational (faith-based) schools practice daily collective prayer or worship; however, religious observance at least six times per year is compulsory in all Scottish schools. Religious observance is defined as “community acts which aim to promote the spiritual development of all members of the school’s community.” Examples of religious observance include school assemblies and events to recognize religious events, including Christmas and Easter. Parents may make the decision to opt out their children from this requirement, but children may not make this decision themselves.

In Bermuda the law requires students attending state schools to participate in collective worship, characterized by educational officials as reciting the Lord’s Prayer, but it prohibits worship “distinctive of any particular religious group.” At the high school level, students are required to take a course that explores various religions until year 9 (ages 11-14); in years 10 and 11 (ages 15-16), courses on religion are optional.

There are two faith-based private schools in Bermuda that operate from kindergarten through high school. One follows the guidance of the North American division of the Seventh-day Adventist Church. The other follows principles of the Catholic Church.

The government determines whether to establish a faith-based school when there is evidence of demand, such as petitions from parents, religious groups, teachers, or other entities. If a faith-based school is not oversubscribed, then the school must offer a place to any child, but if the school is oversubscribed, it may use faith as a criterion for acceptance. Nonstate faith-based schools are eligible to claim “charitable status,” which allows for tax exemptions.

Almost all schools in Northern Ireland receive state support, with approximately 90 percent of students attending Protestant or Catholic schools. Approximately 7 percent of school-age children attend religiously integrated schools with admissions criteria designed to enroll equal numbers of Catholic and Protestant children without the intervention of the state, as well as children from other religious and cultural backgrounds. Students of different faiths are able to attend Protestant or Catholic schools but tend to gravitate toward the integrated schools. These integrated schools are not secular but are “essentially Christian in character and welcome all faiths and none.” RE – a core syllabus designed by the Department of Education, Church of Ireland, and Catholic, Presbyterian, and Methodist Churches – is compulsory in all government-funded schools, and, “The school day shall include collective Christian worship whether in one or more than one assembly.” All schools receiving government funding must teach RE; however, students may request to opt out of the classes and collective worship. Catholic-managed schools draw uniquely on the Roman Catholic tradition for their RE, while other schools may draw on world religions.

An estimated 30 sharia councils operate parallel to the national legal system. They adjudicate Islamic religious matters, including religious divorces, which are not recognized under civil law. Participants may submit cases to the councils on a voluntary basis. The councils do not have the legal status of courts, although they have legal status as mediation and arbitration bodies. As such, rulings may not be appealed in the courts.

The law prohibits discrimination on the grounds of “religion or belief” or the “lack of religion or belief.” The Equality and Human Rights Commission (EHRC) – a body sponsored by the Department of Education’s Government Equalities Office – is responsible for enforcing legislation prohibiting religious discrimination. The EHRC researches and conducts inquiries into religious and other discrimination in England, Scotland, and Wales. The minister for women and equalities appoints the members. If the commission finds a violation, it may issue a notice to the violator and seek a court order to enforce the notice. The EHRC receives government funds but operates independently. The Northern Ireland equivalent to the EHRC is the Equality Commission.

In Northern Ireland the law bans discrimination on the grounds of religious belief only in employment; however, schools may be selective on the grounds of religion when recruiting teachers. In the rest of the country, the law prohibits any discrimination, including employment discrimination, based on religious belief, unless the employer can show a genuine requirement for a particular religion.

Citing a limited broadcast spectrum, the law prohibits religious groups from holding national radio licenses, public teletext licenses, more than one television service license, and/or radio and television multiplex licenses, which would allow them to offer multiple channels as part of a single bundle of programming.

Twenty-six senior bishops of the Anglican Church sit in the House of Lords as representatives of the state Church. Known as the Lords Spiritual, they read prayers at the start of each daily meeting and play a full role in the life and work of the upper house.

The law requires visa applicants wishing to enter the country as “ministers of religion” to have worked for at least one of the previous five years as a minister and to have at least one year of full-time experience or, if their religion requires ordination, at least two years of part-time training following their ordination. A missionary must also be trained as such or have worked previously in this role.

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

Government Practices

In July then-prime minister May appointed Lord John Mann as the government’s Independent Advisor on Anti-Semitism. Then-prime minister May created the position to address reports of rising anti-Semitism in the UK. Lord Mann is responsible for providing the Ministry of Housing, Communities, and Local Government with independent advice on the most effective methods to tackle anti-Semitism. Lord Mann was charged with collaborating with the UK’s special envoy for post-Holocaust issues and the Special Envoy for the Freedom of Religion and Belief to ensure a consistent approach across domestic and international policy and efforts on anti-Semitism. In addition to speaking publicly and making statements to the media on prominent cases of anti-Semitism, he partnered with several organizations to raise awareness of anti-Semitism in the UK, including the Chelsea Football Club’s Say No to Anti-Semitism Campaign. In August new Home Secretary Priti Pratel told the media that she would “stand up to the threat of anti-Semitism” in the country.

In July Imam Qari Asim, Deputy Chair of the government’s Anti-Muslim Hatred Working Group, was appointed independent advisor to lead work to propose a definition of Islamophobia. The stated purpose of the appointment was to help strengthen government efforts to combat anti-Muslim sentiment by developing a formal definition of “Islamophobia” after an existing definition came under question for potentially undermining freedom of speech. The Anti-Muslim Hatred Working Group was established in 2012 to develop and implement proposals to address anti-Muslim sentiment in the country. The working group is the government’s main forum for discussing issues of concern with Muslim leaders and the communities whose interests they represent and convey. It both disseminates and provides feedback on key policy messages and approaches. The group is made up of representatives from Muslim communities, independent experts, academics, and a range of government departments, including the Attorney General’s Office, the Crown Prosecution Service, the FCO, and the Home Office.

In September the Johnson government appointed Member of Parliament (MP) Rehman Chishti as the new prime minister’s special envoy for freedom of religion or belief. The special envoy was given a mandate to coordinate religious freedom efforts across the government, faith actors, and civil society; advocate for the rights of all individuals who are being discriminated against or persecuted because of their faith or belief; and promote the country’s stance abroad in favor of religious freedom. Special Envoy Chishti was charged with leading the implementation of recommendations from the independent review into FCO’s support for persecuted Christians.

In January, then-foreign secretary Jeremy Hunt commissioned an independent report into the persecution of Christians worldwide and requested the Bishop of Truro conduct the research. The final report, released in May, stated, “Christianity is by most calculations the most persecuted religion of modern times.” In addition to implementing the report’s recommendations, the FCO team overseeing freedom of religion and belief was directed to “make freedom of religion or belief central to the FCO’s culture, policies, and international operations.”

In August Lord Ahmad, then serving as the prime minister’s special envoy on freedom of religion or belief, read a statement from the prime minister at the UN General Assembly in which he underlined the country’s commitment to freedom of religion or belief. The statement said, “Freedom of religion or belief is at the heart of what the UK stands for. We will do everything possible to champion these freedoms and protect civilians in armed conflict, including religious, ethnic, or other minorities.”

The law continued to require religious accommodation for employees when it considered such accommodation feasible. The prison service recognized the rights of prisoners to practice their faith while in custody. The pastoral needs of prisoners were addressed, in part, through chaplains paid for by the Ministry of Justice, rather than by religious groups. All chaplains worked as part of a multifaith team, the size and breakdown of which was determined by the size of the prison and the religious composition of the prisoner population. Prison service regulations stated that “…chaplaincy provision must reflect the faith denomination requirements of the prison.”

The military generally provided adherents of minority religious groups with chaplains of their faith. There were approximately 240 recruited chaplains in the armed forces, all of whom were Christian. The armed forces also employed five civilian chaplains as full-time civil servants to care for Buddhist, Hindu, Sikh, Jewish, and Muslim recruits. The Armed Forces Chaplaincy Policy Board was reviewing provision of chaplaincy for personnel of these religions and considering employing suitable chaplains in the reserve forces.

As of January there were 6,802 state-funded faith-based schools in England, representing 34 percent of all state-funded mainstream schools and serving approximately 1.9 million students. Of these, 6,179 were primary schools (ages three through 11), representing 37 percent of all state-funded primary schools, and 623 secondary schools (ages 11 through 16), representing 19 percent of all state-funded secondary schools. Church of England schools were the most common type among primary schools (26 percent); Roman Catholic schools were the most common at secondary level (9 percent). Additionally, at the primary and secondary levels, there were 72 “other Christian,” 36 Jewish, 25 Methodist, 14 Islamic, six Sikh, five Hindu, and two multifaith state-funded faith schools. There were 370 government-funded denominational schools in Scotland: 366 Catholic, three Episcopalian, and one Jewish. The government classified schools with links to the Church of Scotland as nondenominational.

In October the Welsh government launched an eight-week public consultation on proposals relating to the future of RE and Relationships and Sexuality Education (RSE). Proposed changes include renaming the RE and RSE lessons “Religions and Worldviews” and removing the parental right to withdraw children from the lessons. The Welsh action followed a 2018 report by the Commission on Religious Education that recommended reform of RE in England, Scotland, and Wales, including a name change to “Religion and Worldviews.” The 2018 report followed a 2015 high court ruling that as part of the General Certificate of Secondary Education (a nationwide syllabus and academic qualification pursued by all students 14-16), schools (other than faith schools) must teach all religious and nonreligious world views without bias.

The Conservative Party faced allegations of anti-Muslim sentiment and anti-Semitism. During the Conservative Party leadership contest in June, candidate Sajid Javid in a televised leadership debate urged his rivals to pledge an independent investigation into “Islamophobia within the party;” which they all agreed to do. In November PM Johnson apologized publicly for Islamophobia in his party and said an earlier inquiry into all forms of discrimination in the Conservative Party would continue. Shortly after the general election in December, PM Johnson appointed a psychiatry expert, Professor Swaran Singh, to investigate how the party handled complaints of discrimination. Singh is a former Commissioner of the Equality and Human Rights Commission (EHRC), the country’s semi-governmental human rights watchdog. Then-Conservative Party chairman James Cleverly said Singh’s appointment would help the party “stamp out unacceptable abuse.” The Muslim Council of Britain (MCB) stated it was angered by the broad scope of the investigation into “discrimination” rather than specifically into Islamophobia and accused PM Johnson of breaking his promise. MCB General Secretary Harun Khan commented, “This appointment is at risk of being seen in the same light as the Conservative Party’s customary approach to Islamophobia, that of denial, dismissal, and deceit,” adding, “We were promised an independent inquiry into Islamophobia specifically.” The inquiry did not begin by year’s end.

In September during a session of prime minister’s questions on the floor of the House of Commons, Labour MP Tanmanjeet Singh Deshi publicly called on PM Johnson to apologize for his comments about Muslim women in a 2018 opinion article. Johnson did not do so. In November, when asked by media if he apologized for the Islamophobia that existed in the Conservative Party, PM Johnson replied, “Of course, and for all the hurt and offence that has been caused.”

In September the Conservative Party suspended several members, including at least one official, who posted or endorsed anti-Muslim comments on Twitter, one of which stated Islam was “the religion of hate.” The BBC highlighted 20 new cases to the party. While the number of suspensions was not revealed, the party told media that those found to be party members were suspended immediately, pending investigation. After calling for the Conservatives to launch an independent investigation into the alleged Islamophobia since 2018, in May the MCB formally asked the EHRC to open an inquiry. By year’s end, the EHRC did not take action.

Members of the Muslim community in Northern Ireland expressed concern that they could not apply for funding from the UK government’s “Places of Worship Protective Security Scheme” because Northern Ireland is not included in the plan. They pointed to attacks on mosques in recent years as evidence that funding is needed to increase security. Leaders of the Belfast Islamic Centre reported excellent relations with local Police Service of Northern Island (PSNI), which they said reliably responded to calls and provided additional security at mosques during periods when mosques had additional worshippers, including Ramadan.

In October Conservative MP Crispin Blunt suggested in an interview that the British Jewish Community demanded “special status” regarding circumcision and ritual slaughter. Blunt supported calls for eliminating subsidies to the CST, an organization that provided security for the British Jewish communities and reported anti-Semitic incidents in the country. When questioned by the Jewish Chronicle, Blunt said the “Jewish community has a special place in Britain” and while the CST “does a good job in protecting” British Jews, his “anxiety is that we have got to get to where faith and non-faith communities all feel secure.” He added the country needed to get to “a place where the Jewish community does not feel the need to have its own security.”

CST recorded over 100 anti-Semitic incidents monthly during the year. The highest single monthly totals came in February and December and, according to CST, coincided with months when anti-Semitism within the opposition Labour Party was under particular scrutiny and the party and its leader, Jeremy Corbin, faced further allegations of anti-Semitism. The CST stated it was “hard to precisely disaggregate the impact of the continuing Labour anti-Semitism controversy upon CST statistics, but it clearly has an important bearing.”

A poll commissioned by the Jewish Leadership Council in March found 87 percent of Jewish adults in the country viewed Jeremy Corbyn as anti-Semitic, compared to just 1 percent for former Prime Minister Theresa May and 21 percent for the leader of the far-right UK Independence Party, Gerard Batten. The same poll found 42 percent of respondents would “seriously consider emigrating” if Corbyn became Prime Minister.

In May the EHRC launched a formal investigation into whether the Labour Party had “unlawfully discriminated against, harassed, or victimized people because they are Jewish.” This was only the second such EHRC formal investigation taken against a political party. According to media reports, the EHRC opened the investigation based on complaints from party members, including Jewish members of parliament, about anti-Semitism within Labour. In a press statement, the EHRC said the party had committed to fully cooperate with the investigation. A party spokesperson reiterated Labour’s intention to assist the investigation and rejected “any suggestion that the party does not handle anti-Semitism complaints fairly and robustly.” The announcement was welcomed by the Campaign Against Anti-Semitism, the NGO that first referred the Labour Party to the EHRC in July 2018. At year’s end, the EHRC did not release any interim findings of its investigation.

In October the Jewish Labour Movement (JLM), an organization affiliated with the Labour party, announced its refusal to campaign for Labour in the event of a general election, and it carried out this pledge in the approach to the December 12 general election. The JLM cited a “culture of anti-Semitism,” but said it intended to remain affiliated to the party to “fight racism, rather than disaffiliate.” The JLM adopted a policy to campaign for certain Labour candidates who “have been unwavering in their support” for JLM.

Three weeks prior to the general election in December, spiritual leader of the nation’s Orthodox Jews Ephraim Mirvis wrote in The Times that the Jewish community was deeply anxious about the prospect of Jeremy Corbyn becoming prime minister if Labour won because he had failed to stand up to anti-Semitism, including in his own party. The same day Mirvis’ commentary appeared, Archbishop of Canterbury Justin Welby posted on Twitter, “That the Chief Rabbi should be compelled to make such an unprecedented statement at this time ought to alert us to the deep sense of insecurity and fear felt by many British Jews.”

During the general election campaign, the Scottish National Party suspended its candidate for Kirkcaldy and Cowdenbeath, Neale Hanvey, over anti-Semitic social media posts. Hanvey remained on the ballot as the party’s candidate because the suspension came too late for changes to be made. He was elected with a majority of 1,243 votes and will sit as an independent Member of Parliament until a disciplinary process is completed. Obervers stated that his election is thought to be the first time a candidate who was dropped by his party was elected as an independent.

In May vandals drew a 30-foot swastika on the side of the East London warehouse of Brexit Party candidate for the European Parliament and Jewish businessman Lance Forman, whose father was a Holocaust survivor. Police investigated the incident, but no arrests were made.

In March an Iranian Christian who said he converted to Christianity because it was a peaceful faith was denied asylum after a Home Office official used the Bible to argue that Christianity was violent and denied the applicant’s request. The Independent reported the refusal letter cited several biblical passages, including the book of Revelation, to say the Bible was “inconsistent” with the asylum seeker’s claim. The refusal letter said, among other things, “These examples are inconsistent with your claim that you converted to Christianity after discovering it is a ‘peaceful’ religion, as opposed to Islam, which contains violence, rage, and revenge.” The Home Office then said the case of the Iranian Christian did not follow proper procedure and the asylum request was being reconsidered, with a resulting withdrawal of its refusal and a commitment to reconsider the application.

In March the Northern Ireland Humanists group publicly called for the repeal of the region’s 1891 and 1888 blasphemy laws. The Catholic Church and the Irish Council of Churches responded by referring to a 2013 statement acknowledging “that the current reference to blasphemy is largely obsolete” and suggesting new legislation against discrimination and hate crimes could be introduced to provide more effectively for the freedom of individuals to practice their faith openly. All major political parties declared support for repeal, except for the Democratic Unionist Party, which stated antidiscrimination and hate crime legislation did not provide adequate protection for Christians.

In June the Northern Ireland Department of Justice requested a judicial review of hate crime legislation in Northern Ireland. At year’s end the review was ongoing, with a full report due in May 2020. Northern Ireland was the only part of the country that did not have specific hate crime laws; rather, current legislation allowed for increased sentencing if offenses were judged motivated by hostility based on race, religion, disability, or sexual orientation. Crown Court Judge Desmond Marrinan led the independent review with the goal of extending coverage to marginalized communities currently not protected by legislation, including those discriminated against because of age and gender.

On July 30, the House of Commons Foreign Affairs Select Committee launched an inquiry entitled, “Human Rights: Freedom of religion and belief, and human rights defenders.” The inquiry examined the FCO’s human rights programs and priorities, with a focus on freedom of religion and belief, and the work of human rights defenders overseas. The inquiry remained open to public input at year’s end.

In May then-prime minister May and several former prime ministers backed a proposal for a new Holocaust Memorial and Learning Centre to be constructed in Victoria Tower Gardens, adjacent to the Houses of Parliament. The government committed 25 million pounds ($32.98 million) to the project, which was matched by a contribution from a newly established charity for the purpose. At year’s end, the project was pending approval by the local planning authority and Westminster City Council.

In September the Foundation for Jewish Heritage bought a former synagogue in Merthyr Tydfil, South Wales with a grant from Cadw, the Welsh government’s historic environment service. Cadw contributed 44,000 pounds ($58,000), equating to 55 percent of the overall costs, towards the purchase of the building, which will be transformed into a Jewish Heritage Center.

West Bank and Gaza

Read A Section: West Bank And Gaza

Israel 

Executive Summary

West Bank and the Gaza Strip residents are subject to the jurisdiction of different authorities. Palestinians in the West Bank are subject to Jordanian and Mandatory statutes in effect before 1967, military ordinances enacted by the Israeli Military Commander in the West Bank in accordance with its authorities under international law, and in the relevant areas, Palestinian Authority (PA) law. Israelis living in the West Bank are subject to military ordinances enacted by the military commander and Israeli law and Israeli legislation. The PA exercises varying degrees of authority in the West Bank. Although PA laws apply in the Gaza Strip, the PA does not have authority there, and Hamas continues to exercise de facto control over security and other matters. The PA Basic Law, which serves as an interim constitution, establishes Islam as the official religion and states the principles of sharia shall be the main source of legislation, but provides for freedom of belief, worship, and the performance of religious rites unless they violate public order or morality. It also proscribes discrimination based on religion, calls for respect of “all other divine religions,” and stipulates all citizens are equal before the law. Violence between Palestinians and Israelis continued, primarily in the West Bank and the periphery of Gaza. PA President Mahmoud Abbas granted legal recognition to the Council of Local Evangelical Churches, a coalition of evangelical churches operating in the West Bank and Gaza. Continued travel restrictions impeded the movements of Muslims and Christians between the West Bank and Jerusalem. The PA released in January an individual holding a Jerusalem identification card whom Palestinian courts had found guilty of participating in the sale of land in Jerusalem to Israelis, and who had been sentenced to life in prison with hard labor. The Israeli government stated that authorities maintained a zero-tolerance policy against what it described as “Israeli extremists’ attacks” on Palestinians and made efforts to enhance law enforcement in the West Bank. During the first six months of the year, Israeli police had investigated 31 allegations of nationalistic-based offenses committed by Israelis in the West Bank and 87 allegations against Palestinians. Some official PA media channels, as well as social media accounts affiliated with the ruling Fatah political movement, featured content praising or condoning acts of violence, at times referring to assailants as “martyrs.” The Fatah branch in the city of Salfit in March praised Omar Abu Laila – suspected of carrying out an attack in which two Israelis were killed – following his killing by Israeli security forces. Anti-Semitic content also appeared in Fatah and PA-controlled media. The PA and the Palestinian Liberation Organization (PLO) continued to provide “martyr payments” to the families of Palestinians killed while engaged in violence, including killings against Israeli Jews. They also continued to provide separate stipends to Palestinians in Israeli prisons, including those convicted of acts of terrorism. Both the European Union and Norwegian parliaments called for funding restrictions to the Palestinian Ministry of Education if incitement to violence and anti-Semitism were not removed from Palestinian textbooks. The UN Committee on the Elimination of Racial Discrimination released a report in August 2019 that expressed concern for the first time about “hate speech in certain media outlets, especially those controlled by Hamas, social media, public officials’ statements, and school curricula and textbooks, which fuels hatred and may incite violence, particularly hate speech against Israelis, which at times also fuels anti-Semitism.” In his September UN General Assembly (UNGA) remarks, President Abbas said, “We… reaffirm our condemnation of terrorism in all its forms….” However, he concluded, “We salute our honorable martyrs, courageous prisoners and wounded heroes, and salute their resilient families whom we will not [abandon].” Senior Israeli and Palestinian leaders condemned violent acts, including property crimes, by Jewish individuals and groups against Palestinians. The European Union announced in March that it would conduct a review of new Palestinian school textbooks following a study that found them to be more radical than in the past and containing incitement and rejection of peace with Israel.

Hamas, a U.S.-designated foreign terrorist organization with de facto control of Gaza, Palestinian Islamic Jihad (PIJ), and other extremist groups disseminated anti-Semitic materials and advocated violence through traditional and social media channels, as well as during rallies and other events. Hamas also continued to enforce restrictions on Gaza’s population based on its interpretation of Islam and sharia.

In some cases, Palestinian and Israeli perpetrators justified incidents of violence on religious grounds. Palestinians violently clashed with Israeli security forces in multiple instances when Jewish groups visited Joseph’s Tomb in Nablus. On two occasions, Israeli security forces prevented attempts to detonate explosive devices when Jewish worshipers visited the Tomb. In June and October, unknown persons also threw explosive devices at Rachel’s Tomb from the West Bank. Various Israeli and Palestinian groups continued to protest against interfaith social and romantic relationships and other forms of cooperation. Some Jewish settlers in the West Bank continued to justify “price tag” attacks on Palestinians and their property as efforts to obtain compensation for government actions against the settlers, or as necessary for the defense of Judaism. According to a report by the Israeli MOJ, Israeli officials, including high-ranking politicians and senior officials from law-enforcement bodies, have declared an unequivocal zero-tolerance policy towards “price-tag” offenses by Israelis against Palestinians.

Senior U.S. officials publicly raised concerns about anti-Semitism by PA officials and more broadly in Palestinian society throughout the year. Senior White House officials and other U.S. officials repeatedly pointed out that Palestinian leaders did not consistently condemn individual terrorist attacks nor speak out publicly against members of their institutions, including Fatah, who advocated violence. The Ambassador at Large for International Religious Freedom and other senior officials advocated with Israeli authorities to issue permits for Gazans to travel to Jerusalem and the West Bank for religious reasons. U.S. government representatives, including the Administrator of the U.S. Agency for International Development, met with Palestinian religious leaders to discuss religious tolerance and a broad range of issues affecting Christian, Muslim, and Jewish communities. They met with political, religious, and civil society leaders to promote interreligious tolerance and cooperation. U.S. representatives met with representatives of religious groups to monitor their concerns about access to religious sites, respect for clergy, and attacks on religious sites and houses of worship, and also met with local Christian leaders to discuss their concerns about ongoing Christian emigration from Jerusalem and the West Bank.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

West Bank and the Gaza Strip residents are subject to the jurisdiction of different authorities. Palestinians in the West Bank are subject to Jordanian and Mandatory statutes in effect before 1967, military ordinances enacted by the Israeli military commander in the West Bank in accordance with its authorities under international law, and in the relevant areas, PA law. Israelis living in the West Bank are subject to military ordinances enacted by the Military Commander and Israeli law and legislation. Palestinians living in the portion of the West Bank designated as Area C in the Oslo II Accord are subject to military ordinances enacted by the military commander. Palestinians who live in Area B fall under PA civil and criminal law, while Israel retains the overriding responsibility for security. Although per the Oslo II Accord, only PA civil and security law applies to Palestinians living in Area A of the West Bank, Israel applies military ordinances enacted by its military commander whenever the Israeli military enters Area A, as part of its overriding responsibility for security. The city of Hebron in the West Bank – an important city for Jews, Muslims, and Christians as the site of the Ibrahimi Mosque/Tomb of the Patriarchs – is divided into two separate areas: area H1 under PA control and area H2, where approximately 800 Israeli settlers live and where internal security, public order, and civil authorities relating to Israelis and their property are under Israeli military control.

In 2007, Hamas staged a violent takeover of PA government installations in the Gaza Strip and has since maintained a de facto government in the territory, although the area nominally falls under PA jurisdiction.

An interim Basic Law applies in the areas under PA jurisdiction. The Basic Law states Islam is the official religion, but calls for respect of “all other divine religions.” It provides for freedom of belief, worship, and the performance of religious rites unless they violate public order or morality. It criminalizes the publishing of writings, pictures, drawings, or symbols, of anything that insults the religious feelings or beliefs of other persons. The Basic Law also proscribes discrimination based on religion and stipulates all citizens are equal before the law. The law states the principles of sharia shall be the main sources of legislation. It contains language adopted from the pre-1967 criminal code of Jordanian rule that criminalizes “defaming religion,” with a maximum penalty of life in prison. Since 2007, the elected Palestinian Legislative Council, controlled by Hamas, has not convened. The Palestinian Constitutional Court dissolved the Palestinian Legislative Council in December 2018 and called for new elections. The President of the PA promulgates executive decrees that have legal authority.

There is no specified process by which religious organizations gain official recognition; each religious group must negotiate its own bilateral relationship with the PA. The PA observes nineteenth century status quo arrangements reached with the Ottoman authorities, which recognize the presence and rights of the Greek Orthodox, Roman Catholic, Armenian Orthodox, Syrian Catholic, Coptic Orthodox, Ethiopian Orthodox, Melkite Greek Catholic, Maronite, Syrian Orthodox, and Armenian Catholic Churches. The PA also observes subsequent agreements that recognize the rights of the Episcopal (Anglican) and Evangelical Lutheran Churches. The PA recognizes the legal authority of these religious groups to adjudicate personal status matters such as marriage, divorce, and inheritance. Recognized religious groups may establish ecclesiastical courts to issue legally binding rulings on personal status and some property matters for members of their religious communities. The PA’s Ministry of Religious Affairs is administratively responsible for these family law issues.

Islamic or Christian religious courts handle legal matters relating to personal status, including inheritance, marriage, dowry, divorce, and child support. For Muslims, sharia determines personal status law, while various ecclesiastical courts rule on personal status matters for Christians. By law, members of one religious group may submit a personal status dispute to a different religious group for adjudication if the disputants agree it is appropriate to do so.

The PA maintains some unwritten understandings with churches that are not officially recognized, based on the basic principles of the status quo agreements, including the Assemblies of God, Nazarene Church, and some evangelical Christian churches, which may operate freely. Some of these groups may perform some official functions such as issuing marriage licenses. Churches not recognized by the PA generally must obtain special one-time permission from the PA to perform marriages or adjudicate personal status matters if these groups want the actions to be recognized by and registered with the PA. These churches may not proselytize.

By law, the PA provides financial support to Islamic institutions and places of worship. A PA religious committee also provides some financial support for Christian cultural activities.

The Israeli-Palestinian Interim Agreement on the West Bank and Gaza Strip (Oslo Accords) stipulated that protection of 12 listed Jewish holy sites and visitors in Area A is the responsibility of the Palestinian police, and created a joint security coordination mechanism to ensure “free, unimpeded and secure access to the relevant Jewish holy site” and “the peaceful use of such site, to prevent any potential instances of disorder and to respond to any incident.” Both sides agreed to “respect and protect the listed below religious rights of Jews, Christians, Muslims and Samaritans” including “protection of the Holy Sites; free access to the Holy Sites; and freedom of worship and practice.”

Religious education is part of the curriculum for students in grades one through six in public schools the PA operates, as well as some Palestinian schools in Jerusalem that use the PA curriculum. There are separate courses on religion for Muslims and Christians. Students may choose which class to take but may not opt out of religion courses. Recognized churches operate private schools in the West Bank, which include religious instruction. Private Islamic schools also operate in the West Bank.

Palestinian law provides that in the defunct 132-member Palestinian Legislative Council, six seats be allocated to Christian candidates, who also have the right to contest other seats. There are no seats reserved for members of any other religious group. A 2017 presidential decree requires that Christians head nine municipal councils in the West Bank (including Ramallah, Bethlehem, Birzeit, and Beit Jala) and establishes a Christian quota for the same, plus one additional municipal council.

PA land laws prohibit Palestinians from selling Palestinian-owned lands to “any man or judicial body corporation of Israeli citizenship, living in Israel or acting on its behalf.” While Israeli law does not authorize the Israel Land Authority, which administers the 93 percent of Israeli land in the public domain, to lease land to foreigners, in practice, foreigners have been allowed to lease if they could show they qualify as Jewish under the Law of Return.

Although the PA removed the religious affiliation category from Palestinian identity cards issued in 2014, older identity cards continue to circulate, listing the holder as either Muslim or Christian.

Government Practices

Because religion and ethnicity or nationality are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.

Media reported the PA released in January an individual holding an Israeli residency card that Palestinian courts had found guilty of “seizing/tearing away part of the Palestinian Territories to a foreign State” – participating in a land sale in Jerusalem to Israelis – and who had been sentenced to life in prison with hard labor. Palestinian authorities arrested the defendant in 2018 for his involvement in the sale of a property in Jerusalem’s Muslim Quarter owned by Adeeb Joudeh al-Husseini, the representative of a Muslim family historically entrusted with safeguarding the key to the Church of the Holy Sepulchre.

On July 10, Israeli authorities arrested four individuals suspected of planning to plant an explosive device at Joseph’s Tomb prior to the arrival of 1,200 Jewish worshippers. On July 29, the Israel Defense Forces (IDF) neutralized a pipe bomb planted near Joseph’s Tomb and responded to rioters when attacked with stones and burning tires, reportedly resulting in injuries to 13 Palestinians.

Israeli police and the IDF reported investigating other instances of religiously motivated attacks and making arrests. In general, however, NGOs, religious institutions, and media continued to state that arrests in religiously motivated crimes against Palestinians rarely led to indictments and convictions. The Israeli NGO Yesh Din also reported Palestinian victims generally feared reprisals by perpetrators or their associates. Both of these factors increased Palestinian victims’ reluctance to file official complaints, according to Yesh Din.

On April 25, a clash occurred in the majority Christian West Bank town of Jifna, near Ramallah, between town residents and armed persons media reported were affiliated with a faction of the Fatah political party. Some of the armed individuals demanded the Christians pay jizya, a historical Muslim poll tax, the Begin-Sadat Center reported.

The Israeli government stated that authorities maintained a zero-tolerance policy against what it described as “Israeli extremists’ attacks” on Palestinians and made efforts to enhance law enforcement in the West Bank, including through task forces, increased funding, and hiring additional staff members. During the first six months of the year, in the West Bank, Israeli police investigated 31 allegations of what the MOJ described as involving “ideologically-based” offenses by Israelis, 21 of which involved “nationalistic-based” and public order offenses against Palestinians and others (e.g., the police or IDF) and 87 such allegations involving Palestinian offenses. This compared to 100 cases opened against Israelis during 2018, of which 68 were allegations of nationalistic-based offenses. By July Israeli authorities issued two indictments in these cases, including from prior years’ investigations. Offenses against property constituted 16 of these cases. Israeli authorities investigated four cases of Israelis allegedly physically assaulting Palestinians.

According to local human rights groups and media, Israeli authorities rarely prosecuted Jewish suspects in attacks against Muslims and Christians, failing to open investigations or closing cases for lack of evidence. The Israeli government stated it had made efforts to enhance law enforcement in the West Bank, which led to a decrease in ideologically based offenses and an increase in the numbers of investigations and rates of prosecution.

Attacks by Israeli citizens, some of whom asserted their right to settle in what they stated is the historic Jewish homeland in the West Bank, continued, as well as Palestinian attacks on settlers. The UN Office for the Coordination of Humanitarian Affairs (UNOCHA) reported 816 attacks by Israeli settlers against Palestinians in the West Bank and East Jerusalem in 2019, and140 Palestinians injured. In 2018, UNOCHA reported 712 attacks, and 195 Palestinians injured. In 2019 UNOCHA reported 175 attacks by Palestinians against Israelis in the West Bank, with 34 Israeli injuries. In 2018, UNOCHA reported 397 attacks by Palestinians and 47 Israelis injured. In November Nadav Argaman, head of the Israel Security Agency, said that in 2019 the agency had prevented more than 450 “significant terrorist attacks.” The Meir Amit Intelligence and Terrorism Information Center said terrorism in the West Bank in 2019 continued a multiyear trend of declining in number of incidents and causalities, due to efforts of Israeli security forces, security cooperation with the Palestinian Authority, and a disinterest by the general Palestinian population in the West Bank to “take a significant part in terrorism and protest activities against Israel.”

In 2018, Aysha al-Rabi, a Palestinian resident of Bidya Village, died when an unidentified individual threw a two-kilogram (4.4 pound) stone through her car windshield. Israeli authorities announced in January they had arrested five suspected perpetrators, yeshiva students from the nearby settlement of Rehelim. Authorities arraigned one of those arrested in May on a charge of manslaughter; at year’s end, he remained under house arrest awaiting trial. The other four were conditionally released in January due to a lack of evidence. At year’s end, the case remained under investigation.

PA President Abbas granted legal recognition on October 30 to the Council of Local Evangelical Churches, a coalition of evangelical churches operating in the West Bank and Gaza. The presidential decree authorized the council to issue civil documents for members such as birth and marriage certificates. The decree also allowed the churches to have legal rights, open financial accounts, and possess property rights. It permits members of the churches to address family matters, such as divorce and child custody, in the Christian religious court system most affiliated with them.

The PA continued to provide imams with themes they were required to use in weekly Friday sermons in West Bank mosques and to prohibit them from broadcasting Quranic recitations from minarets prior to the call to prayer.

The PA recognized Easter as a public holiday for government employees, after a public outcry in 2018 when it was only given as a holiday to Christian public servants.

Unrecognized religious groups such as Jehovah’s Witnesses faced a continued PA ban on proselytization but stated they were able to conduct most other functions unhindered. Palestinian authorities generally recognized on a case-by-case basis personal status documents issued by unrecognized churches. The PA, however, continued to refuse to recognize personal status legal documents (e.g., marriage certificates) issued by some of these unrecognized churches, which the groups said made it difficult for them to register newborn children under their fathers’ names or as children of married couples. Many unrecognized churches advised members with dual citizenship to marry or divorce abroad to register the action officially in that location. Some converts to unrecognized Christian faiths had recognized churches with which they were previously affiliated perform their marriages and divorces. Members of some faith communities and faith-based organizations stated they viewed their need to do so as conflicting with their religious beliefs. During the year, Palestinian authorities established a procedure for registering future marriages involving Jehovah’s Witnesses that would also enable couples to register their children and protect the children’s inheritance rights.

Religious organizations providing education, health care, and other humanitarian relief and social services to Palestinians in and around East Jerusalem continued to state that the security barrier begun by Israel during the Second Intifada (2000-2005) impeded their work, particularly south of Jerusalem in West Bank Christian communities around Bethlehem. Clergy members stated the barrier and additional checkpoints restricted their movements between Jerusalem and West Bank churches and monasteries, as well as the movement of congregants between their homes and places of worship. Christian leaders continued to state the barrier hindered Bethlehem-area Christians from reaching the Church of the Holy Sepulchre in Jerusalem. They also said it made visits to Christian sites in Bethlehem difficult for Palestinian Christians who lived on the west side of the barrier. Foreign pilgrims and religious aid workers also reported difficulty or delays accessing Christian religious sites in the West Bank because of the barrier. The Israeli government previously stated it constructed the barrier as an act of self-defense, and that it was highly effective in preventing terrorist attacks in Israel.

Christian expatriate workers in Israeli settlements complained that lack of public transportation on Saturdays prevented them from participating in religious activities and worship in Jerusalem.

Bethlehem residents said political instability affected tourism, Bethlehem’s key economic sector. Christians also criticized the PA for failing to better protect their communities and way of life, which was under pressure from lack of economic opportunities and other drivers of emigration. During the year, Bethlehem had the highest unemployment rate among West Bank cities, which sources stated was a factor compelling many young Christians to emigrate. Community leaders estimated Bethlehem and surrounding communities were only 12 percent Christian, compared with more than 70 percent in 1950, and 23 percent in 1998.

President Abbas said on Palestinian media on March 24, “We want to achieve our right and our state peacefully…We will not choose a path other than negotiations to achieve our right.” According to Palestinian media, however, based on a translation by the Middle East Media Research Institute, Abbas said on August 10 while visiting a refugee camp, “Jerusalem is ours whether they like it or not…We shall enter Jerusalem – millions of fighters! We shall enter it! All of us, the entire Palestinian people, the entire Arab nation, the Islamic nation, and the Christian nation…They shall all enter Jerusalem…We shall remain, and nobody can remove us from our homeland. If they want, they themselves can leave. Those who are foreign to this land have no right to it. So we say to them: Every stone you [used] to build on our land and every house you have built on our land is bound to be destroyed, Allah willing…No matter how many houses and how many settlements they declare that they [plan to build] here and there – they shall all be destroyed, Allah willing.”

Palestinian leaders, media and social media regularly used the word “martyr” to refer to individuals killed during confrontations with security forces. Some official PA media channels, social media sites affiliated with the Fatah political movement, and terrorist organizations glorified terrorist attacks on Jewish Israelis, referring to the assailants as “martyrs.” On April 27, Omar Yunis allegedly attempted to carry out a stabbing attack on an IDF unit, whereupon Israeli soldiers shot and killed him. Fatah published on its official Facebook page a poster of Yunis referring to him as a “martyr.” Several local Fatah chapters on social media referred to individuals who had engaged in terrorist attacks as “martyrs” and posted memorials, including photographs of suicide bombers. The Fatah branch in the city of Salfit in March praised Omar Abu Laila – suspected of carrying out a terrorist attack in which two Israelis were killed – following his killing by Israeli security forces, and referred to him as a “martyr.” The Fatah Bethlehem Chapter in January commemorated the 1979 “martyrdom” of Ali Hassan Salameh, who was connected with the attack against the Israeli team at the Munich Olympics among other violent attacks.

The PA and the PLO continued to provide “martyr payments” to the families of Palestinians killed during terrorist acts, as well as stipends to Palestinians in Israeli prisons, including those convicted of acts of terrorism. Such payments and separate stipends were initiated by the PLO in 1965 and have continued under the PA since the signing of the Oslo Accords with Israel. PA President Abbas reiterated support would continue for the families of the prisoners and “martyrs.” In accordance with the July 2018 Israeli Deduction Law – which states that Israel must deduct that portion of the revenues it collects for the PA equal to the expenditures by the PA in the previous year for payments to families of people killed, injured, or imprisoned for attacks on Israel – Israel withheld the monthly sum equal to what the PA paid to them (approximately 41.8 million shekels –$12.1 million) from its monthly clearance transfers to the PA. The PA subsequently in March refused to accept any of the remaining approximately 496 million shekels ($144 million) in tax revenues from Israel, which altogether represented approximately 65 percent of the PA’s budget. As the PA’s fiscal situation worsened, Israel and the PA eventually reached an agreement on October 5 for the PA to accept most of the taxes Israel collected on the PA’s behalf. In December Defense Minister Naftali Bennett announced that the Israeli government would begin withholding an additional 149 million shekels ($43.1 million) annually from PA revenues for payments to families of Palestinians who were wounded or died while committing terrorist acts or in connection with terrorism. The PA stated that these payments were social payments for families who lost their primary breadwinner. The Israeli government stated that the payments incentivized, encouraged, and rewarded terrorism, with higher monthly payments for lengthier prison sentences tied to more severe crimes.

The PA Ministry of Waqf and Religious Affairs continued to pay for construction of new mosques, maintenance of approximately 1,800 existing mosques, and salaries of most Palestinian imams in the West Bank. The ministry also continued to provide limited financial support to some Christian clergy and Christian charitable organizations.

Israeli officials demolished a mosque under construction near Hebron in area C September 2 for lacking an Israeli building permit, according to UNOCHA and media reports. UNOCHA estimated the mosque would have served approximately 300 community members.

The Israeli government and the PA sometimes prevented Jewish Israelis from visiting Jewish religious sites in PA-controlled territory in the West Bank for security reasons, due to the threat of tensions and violence between Palestinian protestors and the visitors. The Kohlet Policy Forum, an Israeli NGO, assessed that the obligation to provide free access to Jewish religious sites in PA-administered areas of the West Bank lay entirely with the PA under Oslo II and that the PA had failed to fulfill that obligation.

An Israeli NGO reported in August that Israeli authorities and settlers prohibited access by Palestinians to several mosques in the West Bank located within Israeli settlements. Israeli authorities declared all legal settlements as restricted Israeli military zones. Palestinians were unable to visit them without Israeli government approval.

The government continued to discourage Israeli citizens in unofficial capacities from traveling to the parts of the West Bank under the civil and security control of the PA (Area A), with large road signs warning Israelis against entering these areas and stating it was dangerous for Israelis and against Israeli law to do so. Some Israelis chose to privately visit Area A, without repercussions. While these restrictions in general prevented Jewish Israelis from visiting several Jewish religious sites, the IDF provided special security escorts for Jews to visit religious sites in Area A under Palestinian control, particularly Joseph’s Tomb in Nablus, a site of religious significance to Jews, Christians, and Muslims. Some Jewish religious leaders said this policy limiting travel to parts of the West Bank prevented Jewish Israelis from freely visiting several religious sites in the West Bank, including Joseph’s Tomb, because they were denied the opportunity to visit the site on unscheduled occasions or in larger numbers than permitted through IDF coordination. IDF officials said requirements to coordinate Jewish visits to Joseph’s Tomb were necessary to ensure Jewish Israelis’ safety. Palestinian and Israeli security forces coordinated some visits by Jewish groups to PA-controlled areas within the West Bank, which generally took place at night to limit the chance of confrontations with Palestinians who opposed the visit.

Rachel’s Tomb, a Bethlehem shrine of religious significance to Jews, Christians, and Muslims under Israeli jurisdiction in Area C, remained separated from the West Bank by the security barrier built during the Second Intifada, and Palestinians could only access it if Israeli authorities permitted them to cross the barrier. Residents and citizens of Israel continued to have relatively unimpeded access. Israeli police closed the site to all visitors on Saturdays, for the Jewish Sabbath (Shabbat). In June and October unknown individuals threw explosive devices at the shrine from the West Bank.

The IDF continued occasionally to limit access to the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron, another site of significance to Jews, Christians, and Muslims as the tomb of Abraham. Palestinian leaders continued in statements to local media to oppose the IDF’s control of access, citing Oslo-era agreements that gave Israel and the PA shared administrative responsibility for the site, although Israel retained full security responsibility for it. Some Muslim leaders publicly rejected a Jewish connection to the site. The IDF again restricted Muslim access during the 10 days corresponding to Jewish holidays, and Jewish access during the 10 days corresponding to Islamic holidays. The IDF restricted Muslims to one entry point, manned by soldiers and metal detectors, while granting Jews access via several entry points that lacked security screening. Citing security concerns, the IDF periodically closed roads approaching the site, and since 2001 has permanently closed Shuhada Street, the former main Hebron market and one of the main streets leading to the holy site, to Palestinian-owned vehicles. The government said the closure was done to prevent confrontations. Both Muslims and Jews were able to pray at the site simultaneously in separate spaces, a physical separation that was instituted by the IDF following a 1994 attack by an Israeli that killed 29 Palestinians. Israeli authorities continued to implement frequent bans on the Islamic call to prayer from the Ibrahimi Mosque, stating the government acted upon requests by Jewish religious leaders in Hebron in response to requests of Jewish worshippers at the site.

In his September UNGA remarks, President Abbas said “We… reaffirm our condemnation of terrorism in all its forms and sources.” However, he concluded, “We salute our honorable martyrs, courageous prisoners, and wounded heroes, and salute their resilient families, whom we will not [abandon].” He also said Israel is “[attempting] to violate the sanctity of the Al-Aqsa Mosque and Church of the Holy Sepulchre,” and to deny worshipers access to the holy sites. Following an August 15 terrorist attack near the Temple Mount/Haram al-Sharif, Israeli authorities briefly closed the Temple Mount/Haram al-Sharif while conducting a security search. On August 19, President Abbas’s Advisor on Religious Affairs and Chief Justice of the Sharia Court Mahmoud al-Habbash said the closure was a “declaration of war against Islam and the Muslims,” and he called on Muslims to “religiously defend” the Temple Mount/Haram al-Sharif, the PA official news agency WAFA reported.

The PA’s Palestinian Broadcasting Company’s code of conduct states it does not allow programming that encourages “violence against any person or institution on the basis of race, religion, political beliefs, or sex.” Some official PA media channels, as well as social media accounts affiliated with the ruling political movement Fatah, however, featured content praising or condoning acts of violence against Jews. Anti-Semitic material continued to appear in official PA media. On October 7, a host on the program The Cause in the Egyptian Halls broadcast on PA TV, summarized a commentator’s remarks by saying that Israeli authorities were creating “a forgery of history” in respect to Jewish history in Jerusalem. On October 6, a guest speaker on another program on PA television, Palestine This Morning, said the children of Israel [Jewish people] were historically never present in the “land of Palestine.” On July 7, official Palestinian television aired a speech by Jordanian Ibrahim Badran describing Israel as “a barbaric, racist state that has outdone what Hitler did.” In March, the PA official daily newspaper Al-Hayat Al-Jadida published an opinion piece which made anti-Semitic remarks regarding prominent U.S. Jewish officials, according to the National Council of Young Israel. On February 10, on social media, Fatah Central Committee Secretary Jibril Rajoub protested a conference on peace and security in the Middle East by describing the meeting as part of “a plan to carry out a ‘holocaust’ against this [Palestinian] cause.” Media reported that Fatah preemptively restricted access to its official Facebook page in September so it could only be viewed by those expressly invited due to concerns that the site would be shut down because of its content.

Both Palestinians and Israelis evoked ethnoreligious language to deny the historical self-identity of the other community in the region. On July 7, Israeli Prime Minister Benjamin Netanyahu said on social media, “The Palestinians’ connection to the Land of Israel is nothing compared to the 4,000-year connection the Jewish people have with the land.” On August 26, official PA television broadcast an interview with the PA minister of culture in which he said the State of Israel “came out of nowhere, without a history and without geography.”

Anti-Semitic, militaristic, and other adversarial content continued to be directed against Israel in Palestinian textbooks, while references to Judaism were absent in the context of discussions of other religious, according to Palestinian Media Watch and the Institute for Monitoring Peace and Cultural Tolerance in School Education (IMPACT-se). The European Union announced in March that it would conduct a review of new Palestinian school textbooks following a study that found them to be more radical than in the past and containing incitement and rejection of peace with Israel. IMPACT-se reported in September that PA schoolbooks for the 2019-2020 school year contained material glorifying terror and promoting violence, with a “systematic insertion of violence, martyrdom, and jihad across all grades and subjects.” The Jerusalem-based Center for Near East Policy Research reported in August that PA teacher guides published in 2016-18 delegitimize Jews’ presence, and demonize Jews as “aggressive, barbarous, full of hate, and bent on extermination,” and “enemies of Islam since its early days.”

Both the European Union and Norwegian parliaments called for funding restrictions to the Palestinian Ministry of Education if incitement and anti-Semitism were not removed from Palestinian textbooks. The UN Committee on the Elimination of Racial Discrimination released a report in August that expressed concern for the first time about “hate speech in certain media outlets, especially those controlled by Hamas, social media, public officials’ statements, and school curricula and textbooks, which fuels hatred and may incite violence, particularly hate speech against Israelis, which at times also fuels anti-Semitism.”

Under the Israeli Antiquities Law, excavations within a sacred site require the approval of a ministerial committee, which includes the ministers of culture, justice, and religious affairs. The government stated the Israel Antiquities Authority (IAA), a government entity, conducted impartial evaluations of all unearthed archeological finds, and the IAA was obligated by law to document, preserve, and publish all findings from excavations. It added that IAA researchers “have greatly intensified their research on ‘non-Jewish’ periods in the history of the land of Israel, [including] the Prehistoric, Early Bronze, Byzantine, Muslim, Mamluk and Ottoman periods.” Some NGOs monitoring archaeological practices in the West Bank continued to state the IAA exploited archaeological finds to bolster Jewish claims, while overlooking other historically significant archaeological finds involving other religions or the needs of Palestinian residents at these sites. In July an Israeli court ruled that administration of the Tel Shiloh site could remain under the control of the Benjamin district council, with involvement of the Israeli Civil Administration in the site’s management, instead of direct administration by Israeli authorities. Israeli NGOs Emek Sheveh and Yesh Din had filed the case, arguing that the site under the administration of the district council focused on its Jewish heritage and did not give sufficient weight to its Christian and Islamic history. Tel Shiloh is identified with the site of ancient Jewish worship before the construction of the Jewish Temple in Jerusalem. The ruins of a Byzantine Church are also located there, and sources stated that it also has significance for some Messianic beliefs in Christianity, as well as some Islamic attachment.

The Israeli government retained its previous regulations regarding visa issuance for foreigners to work in the West Bank, regulations Christian institutions said impeded their work by preventing many foreign clergy and other religious workers from entering and working. The government continued to limit Arab Christian clergy serving in the West Bank to single-entry visas, which local parish leaders said complicated needed travel to other areas under their pastoral authority outside the West Bank or Jerusalem, such as Jordan. Clergy, nuns, and other religious workers from Arab countries said they continued to face long delays in receiving visas and reported periodic denials of their visa applications. The government stated visa delays or denials were due to security processing, and visitors from states without diplomatic relations with Israeli could face delays. Officials from multiple churches expressed concerns that non-Arab visa applicants and visa-renewal applicants also faced long delays. While Christian clergy generally were able to obtain visas, Christian leaders said Israel’s visa and permit policy adversely affected schoolteachers and volunteers affiliated with faith-based charities working in the West Bank. Israeli authorities issued permits for some Christians to exit Gaza to attend religious services in Jerusalem or the West Bank. Christian leaders said Israel issued insufficient permits to meet the full demand, and the process was lengthy and time consuming.

According to some church officials, Israel continued to prohibit some Arab Christian clergy, including bishops and other senior clergy seeking to visit congregations or ministries under their pastoral authority, from entering Gaza. Israel facilitated visits by clergy, including bishops from non-Arab countries, to Gaza on multiple occasions.

At year’s end, Christians held minister-level positions in three PA ministries (Finance and Health, plus Tourism, traditionally occupied by a Christian) and the cabinet-level office of deputy prime minister for public information.