The constitution establishes Islam as the state religion but stipulates followers of religions other than Islam may exercise their faith within the limits of the law. Conversion from Islam to another religion is considered apostasy, punishable by death, imprisonment, or confiscation of property, according to the Sunni Islam Hanafi school of jurisprudence. The constitution states the Hanafi school of jurisprudence shall apply “if there is no provision in the constitution or other laws about a case.” The penal code includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam, including in cyberspace. Representatives from the predominantly Shia Hazara community continued to say the government’s provision of security in Shia-predominant areas was insufficient. Shia representatives said they saw no increase in Afghan National Defense and Security Forces (ANDSF) protection; however, they said the government distributed arms directly to the Shia community ahead of large Shia gatherings. Following a series of deadly attacks by ISIS-Khorasan (ISIS-K) in March that targeted Sikhs and killed 25 persons, approximately 200 members of the Sikh community departed the country for India, indicating they left because of the lack of security and insufficient government protection. According to the Hindu and Sikh communities, their members continued to avoid settling commercial and civil disputes in the courts due to fear of retaliation by the local community and instead chose to settle disputes through community councils.
There were reports that ISIS-K, an affiliate of ISIS and a U.S.-designated terrorist organization, continued to target and kill members of minority religious communities and that the Taliban targeted and killed individuals because of their religious beliefs or their links to the government. During the year, the UN Assistance Mission in Afghanistan (UNAMA) recorded 19 attacks attributed to ISIS-K and other antigovernment elements targeting places of worship, religious leaders, and worshippers, compared with 20 attacks in 2019 – causing 115 civilian casualties (60 deaths and 55 injured), compared with 236 civilian casualties (80 deaths and 156 injured) in 2019. According UNAMA, consistent with trends observed in the past four years, many of the suicide and improvised explosive device (IED) attacks on civilians targeted Shia Muslims, particularly ethnic Hazaras. Two major attacks on the Shia Hazara community occurred during the year. On March 6, two gunmen opened fire on participants, primarily Shia Hazara, attending a commemorative ceremony in Kabul, killing 32; ISIS-K claimed responsibility. On May 12, three gunmen stormed a maternity clinic in a predominantly Shia Hazara neighborhood of Kabul, killing 24 persons, including mothers, infants, and health-care workers; no group claimed responsibility, although the government believed ISIS-K was responsible. On March 25, gunmen attacked a Sikh gurdwara (house of worship and community gathering place) in Kabul, killing 25 and injuring 11. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the Sikh victims, injuring one person. Police also found and defused two other IEDs targeting Sikhs on March 26 and 27. The Taliban continued to kill or issue death threats against Sunni clerics for preaching messages contrary to its interpretation of Islam. Taliban gunmen killed progovernment imams and other religious officials throughout the country. The Taliban continued to warn mullahs not to perform funeral prayers for government security officials. According to observers, the Taliban applied its interpretation of Islam in conducting a parallel system of justice. In February, in Baghlan Province, the Taliban shot and killed a pregnant woman named Fatima, who was accused of adultery. Media reported an Afghanistan Independent Human Rights Commission statement that on June 19, Taliban physically abused and killed the imam of a mosque in Baghlan Province for performing funeral rites for a local police commander. Insurgents claiming affiliation with ISIS-K reportedly engaged in similar activities. According to media, antigovernment forces also targeted Sunni mosques, including attacking two mosques in June, leading to the deaths of two imams and other worshippers. During the year, antigovernment forces carried out several attacks on religious leaders that resulted in fatalities.
Sikhs, Hindus, Christians, and other non-Muslim minority groups reported verbal harassment by some Muslims, although Hindus and Sikhs stated they still were able to practice their respective religions in public. Hindus and Sikhs said their children were harassed by fellow students in public schools, sometimes to the point that parents withdrew them from classes. According to international sources, Baha’is and Christians lived in constant fear of exposure and were reluctant to reveal their religious identities to anyone. Christian groups reported public sentiment, as expressed in social media and elsewhere, remained hostile towards converts and to Christian proselytization. They said individuals who converted or were studying Christianity reported receiving threats, including death threats, from family members. Christians and Ahmadi Muslims reported they continued to worship only privately, at home or in nondescript places of worship, to avoid discrimination and persecution. One mullah in Herat reportedly detained and punished with beatings more than 100 persons for what he said were violations of sharia; authorities did not restrain his activities, citing the need to focus on the Taliban. Women of several different faiths reported continued harassment by local Muslim religious leaders over their attire, which they said made it necessary for almost all women, both local and foreign, to wear some form of head covering. Observers said local Muslim religious leaders continued their efforts to limit social activities, such as music concerts, they considered inconsistent with Islamic doctrine. According to minority religious leaders, due to the small size of their communities, only a few places of worship remained open for Sikhs and Hindus, who said they continued to emigrate because of violent attacks on the community, societal discrimination, and lack of employment opportunities. Hindu and Sikh groups also reported continued interference with efforts to cremate the remains of their dead, in accordance with their customs, by individuals who lived near cremation sites. Despite requesting and receiving local authority support for security during their cremation ceremonies, the Hindu and Sikh communities continued to face protests and threats of violence that prevented them from carrying out the sacred practice. Before every cremation ceremony, the community requested the support of police, who sent security forces to the area to help avoid any disturbance. According to members of the community, at year’s end, approximately 400 members of the Sikh and Hindu communities remained in the country, down from approximately 600 at the start of the year.
U.S. Embassy officials continued to work with the government to promote understanding of religious freedom and why it is important as well the need for the acceptance and protection of religious minorities in meetings with senior government officials. To enhance the government’s capacity to counter violent religious extremism, facilitate creation of a national strategy against such extremism, and create policies to foster religious tolerance, embassy representatives met with the Office of the National Security Council (ONSC), the Ministry of Foreign Affairs, and the Ministry of Hajj and Religious Affairs (MOHRA), among other government agencies. The embassy regularly raised concerns about public safety and freedom to worship with security ministers. Embassy officials continued to meet regularly with leaders of major religious groups, as well as religious minorities, scholars, and nongovernmental organizations (NGOs), to discuss ways to enhance religious tolerance and interreligious dialogue. On February 17, embassy officials conducted a discussion via the Lincoln Learning Center in Khost Province with students, civil activists, and youth to explore how religious freedom is promoted in the United States. The embassy used virtual platforms to engage communities so these discussions could continue despite COVID-19 restrictions. The embassy continued to sponsor programs for religious leaders to increase interreligious dialogue, identify ways to counter violent religious extremism, empower female religious leaders, and promote tolerance for religious diversity. The embassy also used social media to condemn attacks on places of worship.
The constitution provides for freedom of religion, including freedom of worship and the free expression of all beliefs. The constitution recognizes the distinct legal personality of the Roman Catholic Church. Non-Catholic religious groups must register with the Ministry of Government to enter into contracts or receive tax-exempt status. Following the killing of indigenous spiritual leader Domingo Choc, President Alejandro Giammattei condemned the killing and met with members of Choc’s spiritual council to hear their grievances. The Committee on the Designation of Sacred Sites (COLUSAG), which registers sites as sacred places for Mayan spirituality, said its mission was hindered during the year after President Giammattei announced the closure in April of the Secretariat of Peace (SEPAZ), which had provided COLUSAG with a meeting place and an organizational structure in the government. After the announcement of SEPAZ’s closure, COLUSAG moved temporarily to the Presidential Secretariat for Planning and Public Policy Coordination. In August, civil society groups and political parties challenged the constitutionality of closing SEPAZ. On December 29, Mayan leaders from COLUSAG protested SEPAZ’s closure and called upon the legislature to legally protect sacred indigenous sites. At year’s end, the Constitutional Court did not issue a decision on SEPAZ’s future and the government did not clarify COLUSAG’s status. In November, lawmakers proposed a budget that would cut funding for the national human rights office and other social programs. The proposal triggered widespread demonstrations, including protesters setting fire to Congress. The country’s Catholic bishops were among several civil society groups that urged President Giammattei to veto the budget bill and called for calm. Lawmakers withdrew the proposed budget after the protests. Non-Catholic groups stated some municipal authorities continued to discriminate against them in processing building permit approvals and in local tax collection.
On June 6, villagers in San Luis, Peten Department, beat and burned to death Mayan spiritual leader and herbalist Domingo Choc after accusing him of using witchcraft to kill a man a few days earlier. Videos of Choc’s killing circulated on social media, and public outrage grew quickly. On June 9, National Civil Police (PNC) arrested several villagers for the killing; they awaited trial at year’s end. Mayan spiritual leaders reported an increase in violent acts and societal prejudice against their community following the killing. Some Catholic clergy continued to report threats and harassment against them because of their association with environmental protection and human rights work. According to reports from the Archbishop’s Office of Human Rights, at least five priests received serious threats during the year.
The U.S. embassy regularly engaged with government officials, civil society organizations, and religious groups to discuss issues of religious freedom, including threats against Catholic clergy and the reported lack of access to Mayan spiritual sites. Embassy officials emphasized the value of tolerance and respect for religious diversity, including for religious minorities, in meetings with various civil society and religious groups. Embassy officials also emphasized the need to denounce and prevent violence against Mayan spiritual practitioners.
The constitution bars the federal and state governments from adopting a state religion, prohibits religious discrimination, and provides for individuals’ freedom to choose, practice, propagate, or change their religion. The constitution provides for states to establish courts based on sharia or customary (traditional) law in addition to common law civil courts, although civil courts have preeminence over all other courts. Sentences may be appealed from sharia and customary courts to civil courts. In addition to civil courts, sharia courts function in 12 northern states and the Federal Capital Territory. Customary courts function in most of the 36 states. General insecurity throughout the country’s regions increased during the year: a terrorist insurgency in the North East; brazen kidnapping and armed robbery rings in the North West and southern regions; militant groups and criminal gangs in the South South region; and conflict between farmers and herders over access to land in the North Central region. There were incidents of violence involving predominantly Muslim Fulani herders and settled farmers, predominantly Christian but also Muslim, in the North Central and North West regions. The government continued ongoing security operations and launched additional operations that it stated were meant to stem insecurity created by armed criminal gangs and violent conflict over land and water resources that frequently involved rival ethnic groups. Various sources said the government did not take significant measures to combat insecurity throughout the country; the International Crisis Group said that state governments relied heavily on armed vigilante groups to help quell the violence, which it said was counterproductive. Some said this lack of government response exacerbated insecurity and failed to address underlying causes. A report by the Armed Conflict Location and Event Data Project (ACLED) stated the presence of state forces was “too inconsistent and limited to protect or support communities, or mitigate and suppress violence.” The government continued its detention of Sheikh Ibrahim El-Zakzaky, head of the Islamic Movement of Nigeria (IMN), a Shia organization, and his wife despite a December 2016 court ruling that they be released by January 2017. All the other members of IMN arrested during the 2015 clash with the military were released by February. On September 29, the Kaduna State High Court rejected a motion filed by El-Zakzaky and his wife to dismiss the case. The court adjourned the case to November and later to January 2021. During the year authorities arrested and detained two individuals under blasphemy laws: Yahaya Sharif-Aminu, sentenced to death for blasphemy on August 10, and 16-year-old Umar Farouq, sentenced to 10 years of imprisonment. Authorities detained Mubarak Bala, head of the Humanist Association of Nigeria, in April without filing any charges, although his attorneys stated they believed he was being held on charges related to allegations of insulting Islam on Facebook. The government at both the federal and state levels put temporary limitations on public gatherings, including religious services, in response to the coronavirus pandemic. Most churches and mosques throughout the country closed in April and May, during which time state governments arrested both Christian and Muslim leaders for violating lockdown orders. Beginning in June, the government’s easing of lockdown restrictions included reopening religious houses of worship with prevention measures in place.
Terrorist groups including Boko Haram and ISIS-West Africa (ISIS-WA) attacked population centers and religious targets and maintained a growing ability to stage forces in rural areas and launch attacks against civilian and military targets across the North East, according to observers. The groups continued to carry out a range of attacks targeting the local civilian population, including churches and mosques.
Violent conflicts between predominantly Muslim Fulani herdsmen and predominantly Christian farmers in the North Central states continued throughout the year. Some religious groups and nongovernmental organizations (NGOs) continued to express concern that this conflict had religious undertones. In addition to religious differences, local authorities, scholars, and regional experts pointed to ethnicity, politics, criminality, lack of accountability and access to justice, and increasing competition over dwindling land resources as among the key drivers of the violence. Attacks and killings attributed to Muslim Fulani herdsmen continued during the year. According to ACLED data, total civilian deaths numbered 2,454 during the year, compared with 2,198 in 2019 and 3,106 in 2018. Some domestic and international Christian groups stated that Muslim Fulani herdsman were targeting Christian farmers because of their religion. Local Muslim and herder organizations said unaffiliated Fulani were the targets of Christian revenge killings. Local and international NGOs and religious organizations criticized what they said was the government’s inability or unwillingness to prevent or mitigate violence between Christian and Muslim communities. Christian organizations reported several cases during the year of Muslim men kidnapping young Christian girls and forcing them into marriage and conversion to Islam.
The U.S. embassy, consulate general, and visiting U.S. government officials voiced concern over abuses and discrimination against individuals based on religion and religious tensions in the country in discussions throughout the year with government officials, including the Vice President, cabinet secretaries, and National Assembly members. Embassy and consulate general officials further strengthened their engagement on religious freedom issues with a wide range of religious leaders and civil society organizations, emphasizing the importance of interfaith relationships. The Ambassador and other senior embassy officials engaged with various religious groups throughout the year and delivered remarks on the importance of the respect for religious freedom at large religious gatherings. To mark Religious Freedom Day on January 16, the Ambassador hosted an interfaith roundtable with religious leaders to discuss issues of peace and security and to promote religious freedom. In July, the embassy held a roundtable with prominent religious leaders from different churches and dioceses in the country and discussed the violence occurring in the country, providing an overview of challenges and opportunities for affected communities. Interfaith discussions sought to identify areas of consensus and narrow the gap between competing narratives over the drivers of conflict in the country. Embassy officials and the Counselor of the Department of State met with religious leaders to discuss religious freedom and security during his visit in October.
On December 2, 2020, in accordance with the International Religious Freedom Act of 1998, as amended, the Secretary of State designated Nigeria a “Country of Particular Concern” for having engaged in or tolerated particularly severe violations of religious freedom and announced a waiver of sanctions that accompany designation in the “important national interest of the United States.”