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Brazil

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states freedom of conscience and belief is inviolable and the free exercise of religious beliefs is guaranteed.  The constitution prohibits the federal, state, and local governments from either supporting or hindering any specific religion.  The law provides penalties of up to five years in prison for crimes of religious intolerance.  Courts may fine or imprison for two to five years any individual who displays, distributes, or broadcasts religiously intolerant material; the government did not apply the law during the year.  It is illegal to write, edit, publish, or sell literature that promotes religious intolerance.

Religious groups are not required to register to establish places of worship, train clergy, or proselytize, but groups seeking tax-exempt status must register with the Department of Federal Revenue and the local municipality.  States and municipalities have different requirements and regulations for obtaining tax-exempt status.  Most jurisdictions require groups to document the purpose of their congregation, provide an accounting of finances, and have a fire inspection of any house of worship.  Local zoning laws and noise ordinances may limit where a religious group may build houses of worship or hold ceremonies.

Government regulations require public schools to offer religious instruction, but neither the constitution nor legislation defines the parameters.  By law, the instruction should be nondenominational, conducted without proselytizing, and with alternative instruction for students who do not want to participate.  The law prohibits public subsidies to schools operated by religious organizations.

A constitutional provision provides the right of access to religious services and counsel individuals of all religions in all civil and military establishments.  The law states that public and private hospitals as well as civil or military prisons must comply with this provision.

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

China (Includes Tibet, Xinjiang, Hong Kong, and Macau)

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states citizens have “freedom of religious belief,” but limits protections for religious practice to “normal religious activities.”  The constitution does not define “normal.”  It says religion may not be used to disrupt public order, impair the health of citizens, or interfere with the educational system.  The constitution provides for the right to hold or not to hold a religious belief.  State organs, public organizations, and individuals may not discriminate against citizens “who believe in, or do not believe in, any religion.”  The law does not allow legal action to be taken against the government based on the religious freedom protections afforded by the constitution.  Criminal law allows the state to sentence government officials to up to two years in prison if they violate a citizen’s religious freedom.

CCP members and members of the armed forces are required to be atheists and are forbidden from engaging in religious practice.  Members found to belong to religious organizations are subject to expulsion, although these rules are not universally enforced.  The vast majority of public office holders are CCP members, and membership is widely considered a prerequisite for success in a government career.  These restrictions on religious belief and practice also apply to retired CCP cadres and party members.

The law bans certain religious or spiritual groups.  The criminal law defines banned groups as “cult organizations” and provides for criminal prosecution of individuals belonging to such groups and punishment of up to life in prison.  There are no published criteria for determining, or procedures for challenging, such a designation.  A national security law explicitly bans “cult organizations.”  The CCP maintains an extralegal, party-run security apparatus to eliminate the Falun Gong movement and other such organizations.  The government continues to ban Falun Gong, the Guanyin Method religious group (Guanyin Famen or the Way of the Goddess of Mercy), and Zhong Gong (a qigong exercise discipline).  The government also considers several Christian groups to be “evil cults,” including the Shouters, The Church of Almighty God (also known as Eastern Lightning), Society of Disciples (Mentu Hui), Full Scope Church (Quan Fanwei Jiaohui), Spirit Sect, New Testament Church, Three Grades of Servants (San Ban Puren), Association of Disciples, Lord God religious group, Established King Church, the Family Federation for World Peace and Unification (Unification Church), Family of Love, and South China Church.

The Counterterrorism Law describes “religious extremism” as the ideological basis of terrorism that uses “distorted religious teachings or other means to incite hatred, or discrimination, or advocate violence.”

Regulations require religious groups to register with the government.  Only religious groups belonging to one of the five state-sanctioned “patriotic religious associations” are permitted to register with the government and legally hold worship services.  These five associations operate under the direction of the CCP United Front Work Department (UFWD).  Other religious groups, such as Protestant groups unaffiliated with the official “patriotic religious association” or Catholics professing loyalty to the Vatican, are not permitted to register as legal entities.  The government does not have a state-sanctioned “patriotic religious association” for Judaism.  The country’s laws and policies do not provide a mechanism for religious groups independent of the five official “patriotic religious associations” to obtain legal status.

In March as part of a restructuring of the central government, the Central Committee of the CCP announced the merger of SARA, which was previously under the purview of the State Council, into the CCP’s UFWD, placing responsibility for religious regulations directly under the party.  SARA, while subsumed into the UFWD, continued to conduct work under the same name.  This administrative change at the national level was followed in the spring and autumn with parallel changes at the provincial and local levels.

All religious organizations are required to register with one of the five state-sanctioned religious associations, all of which SARA oversees through its provincial and local offices.  The revised Regulations on Religious Affairs announced in 2017 and implemented on February 1, 2018, state that registered religious organizations are allowed to possess property, publish approved materials, train staff, and collect donations.  According to regulations, religious organizations must submit information about the organization’s historical background, members, doctrines, key publications, minimum funding requirements, and government sponsor, which must be one of the five “patriotic religious associations.”  According to SARA, as of April 2016, there are more than 360,000 clergy, 140,000 places of worship, and 5,500 registered religious groups in the country.

The State Council’s revisions to the Regulations on Religious Affairs strengthen already existing requirements for unregistered religious groups and require unregistered groups be affiliated with one of the five state-sanctioned religious associations to legally conduct religious activities.  Individuals who participate in unsanctioned religious activities are subject to criminal and administrative penalties.  The regulations stipulate any form of illegal activities or illegal properties should be confiscated and a fine between one to three times the value of the illegal incomes/properties should be imposed.  The revised regulation adds that, if the illegal incomes/properties cannot be identified, a fine below 50,000 renminbi (RMB) ($7,300) should be imposed.  The regulations provide grounds for authorities to penalize property owners renting space to unregistered religious groups by confiscating illegal incomes and properties and levying fines between 20,000-200,000 RMB ($2,900-$29,100).  The revisions instate new requirements for members of religious groups to seek approval to travel abroad and prohibit “accepting domination by external forces.”

The revised Regulations on Religious Affairs include new registration requirements for religious schools that allow only the five state-sanctioned religious associations or their lower-level affiliates to form religious schools.  The regulations specify all religious structures, including clergy housing, may not be transferred, mortgaged, or utilized as investments.  The revisions place new restrictions on religious groups conducting business or making investments by stipulating the property and income of religious groups, schools, and venues may not be distributed and should be used for activities and charity befitting their purposes; any individual or organization that donates funds to build religious venues is prohibited from owning and using the venues.  The revisions also impose a limit on foreign donations to religious groups, stating that any such donations must be used for activities that authorities deem appropriate for the group and the site.  The regulations ban donations from foreign groups and individuals if the donations come with any attached conditions and state any donations exceeding 100,000 RMB ($14,500) must be submitted to the local government for review and approval.  Religious groups, religious schools, and religious activity sites must not accept donations from foreign sources with conditions attached.  If authorities find a group has illegally accepted a donation, the regulations grant authorities the ability to confiscate the donation and fine the recipient group between one to three times the value of the unlawful donations or, if the amount cannot be determined, a fine of 50,000 RMB ($7,300).

Additionally, the revised Regulations on Religious Affairs require that religious activity “must not harm national security.”  The revisions expand the prescribed steps to address support for “religious extremism,” leaving “extremism” undefined.  These steps include recommending penalties such as suspending groups and canceling clergy credentials.  The revised regulations include a new article placing limits on the online activities of religious groups for the first time, requiring activities be approved by the provincial religious affairs bureau.  The revisions also restrict the publication of religious material to guidelines determined by the State Publishing Administration.

Regulations concerning religion also vary by province; many provinces updated their regulations during the year following the enforcement of the revised regulations in February.  In addition to the five nationally recognized religions, local governments, at their discretion, permit certain unregistered religious communities to carry out religious practices.  Examples include local governments in Xinjiang and in and Heilongjiang, Zhejiang, and Guangdong Provinces that allow members of Orthodox Christian communities to participate in unregistered religious activities.  The central government classifies worship of Mazu, a folk deity with Taoist roots, as “cultural heritage” rather than religious practice.

SARA states through a policy posted on its website that family and friends have the right to meet at home for worship, including prayer and Bible study, without registering with the government.

According to the law, inmates have the right to believe in a religion and maintain their religious beliefs while in custody.  According to the new regulations implemented February 1, proselytizing in public or holding religious activities in unregistered places of worship is not permitted.  In practice, offenders are subject to administrative and criminal penalties.

Religious and social regulations permit official “patriotic religious associations” to engage in activities, such as building places of worship, training religious leaders, publishing literature, and providing social services to local communities.  The CCP’s UFWD, SARA, and the Ministry of Civil Affairs provide policy guidance and supervision on the implementation of these regulations.

An amendment to the criminal law and a judicial interpretation by the national Supreme People’s Procuratorate and the Supreme People’s Court published in 2016 criminalizes the act of forcing others to wear “extremist” garments.  Neither the amendment nor the judicial interpretation defines what garments or symbols the law considers “extremist.”

National printing regulations restrict the publication and distribution of literature with religious content.  Religious texts published without authorization, including Bibles and Qurans, may be confiscated, and unauthorized publishing houses closed.

The government offers some subsidies for the construction of state-sanctioned places of worship and religious schools.

To establish places of worship, religious organizations must receive approval from the religious affairs department of the relevant local government both when the facility is proposed and again before any services are held at that location.  Religious organizations must submit dozens of documents to register during these approval processes, including detailed management plans of their religious activities, exhaustive financial records, and personal information on all staff members.  Religious communities not going through the formal registration process may not legally have a set facility or worship meeting space.  Therefore, every time they want to reserve a space for worship, such as by renting a hotel or an apartment, they must seek a separate approval from government authorities for each service.  Worshipping in a space without pre-approval, either through the formal registration process or by seeking an approval for each service, is considered an illegal religious activity, which may be criminally or administratively punished.  By regulation, if a religious structure is to be demolished or relocated because of city planning or construction of key projects, the party responsible for demolishing the structure must consult with its local Bureau of Religious Affairs (administered by SARA) and the religious group using the structure.  If all parties agree to the demolition, the party conducting the demolition must agree to rebuild the structure or provide compensation equal to its appraised market value.

The revised religious regulations implemented in February and policies enacted by the state-sanctioned religious associations inhibit children under the age of 18 from participating in religious activities and religious education.  For example, one provision states that no individual may use religion to hinder the national education system and that no religious activities may be held in schools other than religious schools.  At the county level, religious affairs bureaus in localities including Henan, Shandong, Anhui, and Xinjiang have released letters telling parents not to take their children under 18 to religious activities or education.

The law mandates the teaching of atheism in schools, and a CCP directive provides guidance to universities on how to prevent foreign proselytizing of university students.

The law states job applicants shall not face discrimination in hiring based on factors including religious belief.

Birth limitation policies remain in force, stating all married couples may have no more than two children, with no exceptions for ethnic or religious minorities.  Women choosing to have more than two children are subject to fines ranging from one to ten times the local per capita income.

The country is not a party to the International Covenant on Civil and Political Rights (ICCPR).  With respect to Macau, the central government notified the UN secretary general, in part, that residents of Macau shall not be restricted in the rights and freedoms they are entitled to, unless otherwise provided for by law, and in case of restrictions, the restrictions shall not contravene the ICCPR.  With respect to Hong Kong, the central government notified the secretary general, in part, that the ICCPR would also apply to the Hong Kong Special Administrative Region.

Egypt

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution specifies Islam as the state religion and the principles of sharia as the main source of legislation.  The constitution states that “freedom of belief is absolute” and “the freedom of practicing religious rituals and establishing worship places for the followers of Abrahamic religions is a right regulated by law.”  The constitution prohibits discrimination on the basis of religion and makes “incitement to hate” a crime.  It describes freedom of belief as absolute.  The constitution limits the freedom to practice religious rituals and establish places of worship to adherents of Islam, Christianity, and Judaism.  The constitution prohibits the exercise of political activity or the formation of political parties on the basis of religion.

The constitution states that Al-Azhar is “the main authority in theology and Islamic affairs” and is responsible for spreading Islam, Islamic doctrine, and the Arabic language in the country and throughout the world.  The grand imam is elected by Al Azhar’s Council of Senior Scholars and is officially appointed by the president for a life term.  The president does not have the authority to dismiss him.  While the constitution declares Al-Azhar an independent institution, its 2018 budgetary allocation from the government, which is required by the constitution to provide “sufficient funding for it to achieve its purposes,” was almost 13 billion Egyptian pounds ($726.66 million).

According to the law, capital sentences must be referred to the grand mufti, the country’s highest Islamic legal official, for consultation before they can be carried out.  The mufti’s decision in these cases is consultative and nonbinding on the court that handed down the death sentence.

The constitution also stipulates that the canonical laws of Jews and Christians form the basis of legislation governing their personal status, religious affairs, and selection of spiritual leaders.  Individuals are subject to different sets of personal status laws (regarding marriage, divorce, inheritance, etc.), depending upon their official religious designation.  The Ministry of Interior (MOI) issues national identity cards that include official religious designations.  Designations are limited to Muslim, Christian, or Jewish citizens.  Since a 2009 court order, Baha’is are identified by a dash.  The minister of interior has the authority to issue executive regulations determining what data should be provided on the card.

Neither the constitution nor the civil or penal codes prohibit apostasy from Islam, nor efforts to proselytize.  The law states individuals may change their religion.  However, the government recognizes conversion to Islam, but not from Islam to any other religion.  In a 2008 ruling on a lawsuit against the government for not recognizing a Muslim’s conversion to Christianity, the Administrative Court ruled in favor of the government asserting its duty to “protect public order from the crime of apostasy from Islam.”  The government recognizes conversion from Islam for individuals who were not born Muslim but later converted to Islam, according to an MOI decree pursuant to a court order.  Reverting to Christianity requires presentation of a document from the receiving church, an identity card, and fingerprints.  After a determination is made that the intent of the change – which often also entails a name change – is not to evade prosecution for a crime committed under the Muslim name, a new identity document should be issued with the Christian name and religious designation.  In those cases in which Muslims not born Muslim convert from Islam, their minor children, and in some cases adult children who were minors when their parents converted, remain classified as Muslims.  When these children reach the age of 18, they have the option of converting to Christianity, and having that reflected on their identity cards.

Consistent with sharia, the law stipulates that Muslim women are not permitted to marry non-Muslim men.  Non-Muslim men who wish to marry Muslim women must convert to Islam.  Christian and Jewish women need not convert to marry Muslim men.  A married non-Muslim woman who converts to Islam must divorce her husband if he is not Muslim and is unwilling to convert.  If a married man is discovered to have left Islam, his marriage to a woman whose official religious designation is Muslim is dissolved.  Children from any unrecognized marriage are considered illegitimate.

A divorced mother is entitled to custody of her son until the age of 10 and her daughter until age 12, unless one parent is Muslim and the other is not, in which case the Muslim parent is awarded custody.

The law generally follows sharia in matters of inheritance.  In 2017, however, an appellate court ruled that applying sharia to non-Muslims violated the section of the constitution stating that the rules of the Christians and Jewish communities govern in personal status matters.

According to the penal code, using religion to promote extremist thought with the aim of inciting strife, demeaning or denigrating Islam, Christianity, or Judaism, and harming national unity carries penalties ranging from six months’ to five years’ imprisonment.

Islamic, Christian, and Jewish denominations may request official recognition from the government, which gives a denomination the right to be governed by its canonical laws, practice religious rituals, establish houses of worship, and import religious literature.  To obtain official recognition, a religious group must submit a request to the Ministry of Interior Religious Affairs Department.  The department then determines whether the group poses a threat to national unity or social peace.  As part of this determination, the department consults leading religious institutions, including the Coptic Orthodox Church and Al-Azhar.  The president then reviews and decides on the registration application.

The law does not recognize the Baha’i Faith or its religious laws and bans Baha’i institutions and community activities.  Although the government lists “Christian” on the identity cards of Jehovah’s Witnesses, a presidential decree bans all Jehovah’s Witnesses’ activities.  The law does not stipulate any penalties for banned religious groups or their members who engage in religious practices, but these groups are barred from rights granted to recognized groups, such as having their own houses of worship or other property, holding bank accounts, or importing religious literature.

The government appoints and monitors imams who lead prayers in licensed mosques and pays their salaries.  According to the law, penalties for preaching or giving religious lessons without a license from the Ministry of Awqaf or Al-Azhar include a prison term of up to one year and/or a fine of up to 50,000 pounds ($2,800).  The penalty doubles for repeat offenders.  Ministry of Awqaf inspectors also have judicial authority to arrest imams violating this law.  A ministry decree prevents unlicensed imams from preaching in any mosque, prohibits holding Friday prayers in mosques smaller than 80 square meters (860 square feet), bans unlicensed mosques from holding Friday prayer services (other prayer services are permitted), and pays bonuses to imams who deliver Friday sermons consistent with Ministry of Awqaf guidelines.  Any imam who fails to follow the guidelines loses the bonus and may be subject to disciplinary measures, including potentially losing his preaching license.  The ministry also issues prewritten sermons, and ministry personnel monitor Friday sermons in major mosques.  Imams are subject to disciplinary action including dismissal for ignoring the ministry’s guidelines.

The prime minister has authority to stop the circulation of books that “denigrate religions.”  Ministries may obtain court orders to ban or confiscate books and works of art.  The cabinet may ban works it deems offensive to public morals, detrimental to religion, or likely to cause a breach of the peace.  The Islamic Research Center of Al-Azhar has the legal authority to censor and confiscate any publications dealing with the Quran and the authoritative Islamic traditions (hadith), and to confiscate publications, tapes, speeches, and artistic materials deemed inconsistent with Islamic law.

A 2016 law delegates the power to issue legal permits and to authorize church construction or renovation to governors of the country’s 27 governorates rather than the president.  The governor is to respond within four months; any refusal must include a written justification.  The law does not provide for review or appeal of a refusal, nor does it specify recourse if a governor fails to respond within the required timeframe.  The law also includes provisions to legalize existing unlicensed churches.  It stipulates that while a request to license an existing building for use as a church is pending, the use of the building to conduct church services and rites may not be prevented.  Under the law, the size of new churches depends on a government determination of the “number and need” of Christians in the area.  Construction of new churches must meet stringent land registration procedures and building codes and is subject to greater government scrutiny than that applied to the construction of new mosques.

Under a separate law governing the construction of mosques, the Ministry of Awqaf approves permits to build mosques.  A 2001 cabinet decree includes a provision requiring that new mosques built after that date must be a minimum distance of 500 meters (1600 feet) from the nearest other mosque, and be built only in areas where “the existing mosques do not accommodate the number of residents in the area.”  The law does not require Ministry of Awqaf approval for mosque renovations.

In public schools, Muslim students are required to take courses on “principles of Islam,” and Christian students are required to take courses on “principles of Christianity” in all grades.  Determinations of religious identity are based on official designations, not personal or parental decisions.  Students who are neither Muslim nor Christian must choose one or the other course; they may not opt out or change from one to the other.  A common set of textbooks for these two courses is mandated for both public and private schools, including Christian-owned schools.  Al-Azhar maintains a separate school system which serves some two million students from elementary through secondary school using its own separate curriculum.

The penal code criminalizes discrimination based on religion and defines it as including “any action, or lack of action, that leads to discrimination between people or against a sect due to…religion or belief.”  The law stipulates imprisonment and/or a fine of no less than 30,000 pounds ($1,700) and no more than 50,000 pounds ($2,800) as penalties for discrimination.  If the perpetrator is a public servant, the law states that the imprisonment should be no less than three months, and the fine no less than 50,000 pounds ($2,800) and no more than 100,000 pounds ($5,600).

The government recognizes only the marriages of Christians, Jews, and Muslims with documentation from a cleric.  Since the state does not recognize Baha’i marriage, married Baha’is are denied the legal rights of married couples of other religious beliefs, including those pertaining to inheritance, divorce, and sponsoring a foreign spouse’s permanent residence.  Baha’is, in practice, file individual demands for recognition of marriages in civil court.

In matters of family law, when spouses are members of the same religious denomination, courts apply that denomination’s canonical laws.  In cases where one spouse is Muslim and the other a member of a different religion, both are Christians but members of different denominations, or the individuals are not clearly a part of a religious group, the courts apply sharia.

Sharia provisions forbidding adoption apply to all citizens.  The Ministry of Social Solidarity, however, manages a program entitled “Alternative Family” which recognizes permanent legal guardianship if certain requirements are met.

The quasi-governmental National Council for Human Rights, whose members are appointed by parliament, is charged with strengthening protections, raising awareness, and ensuring the observance of human rights and fundamental freedoms, including religious freedom.  It also is charged with monitoring enforcement and application of international agreements pertaining to human rights.  The council’s mandate includes investigating reports of alleged violations of religious freedom.

According to the constitution, “no political activity may be exercised or political parties formed on the basis of religion, or discrimination based on sex, origin, sect, or geographic location, nor may any activity be practiced that is hostile to democracy, secretive, or which possesses a military or quasi-military nature.”

The constitution mandates that the state eliminate all forms of discrimination through an independent commission to be established by parliament.  However, by year’s end, parliament had not yet established such a commission.

The country is a party to the International Covenant on Civil and Political Rights but declared in a reservation that it became a party considering that the provisions of the covenant do not conflict with sharia.

Hong Kong

Section II. Status of Government Respect for Religious Freedom

Legal Framework

Under the Basic Law, the Hong Kong SAR has autonomy in the management of religious affairs.  The Basic Law calls for ties between the region’s religious groups and their mainland counterparts based on “nonsubordination, noninterference, and mutual respect.”  The Basic Law states residents have freedom of conscience; freedom of religious belief; and freedom to preach, conduct, and participate in religious activities in public.  The Basic Law also states the government may not interfere in the internal affairs of religious organizations or restrict religious activities that do not contravene other laws.

The Bill of Rights Ordinance incorporates the religious freedom protections of the ICCPR, which include the right to manifest religious belief individually or in community with others, in public or private, and through worship, observance, practice, and teaching.  The Bill of Rights Ordinance states persons belonging to ethnic, religious, or linguistic minorities have the right to enjoy their own culture, profess and practice their own religion, and use their own language.  The ordinance also protects the right of parents or legal guardians to “ensure the religious and moral education of their children in conformity with their own convictions.”  These rights may be limited when an emergency is proclaimed and “manifestation” of religious beliefs may be limited by law when necessary to protect public safety, order, health, or morals, or the rights of others.  Such limitations may not discriminate solely on the basis of religion.

Religious groups are not legally required to register with the government; however, they must register to receive government benefits such as tax-exempt status, rent subsidies, government or other professional development training, the use of government facilities, or a grant to provide social services.  To qualify for such benefits, a group must prove to the satisfaction of the government that it is established solely for religious, charitable, social, or recreational reasons.  Registrants must provide the name and purpose of the organization, identify its office holders, and confirm the address of the principal place of business and any other premises owned or occupied by the organization.  If a religious group registers with the government, it enters the registry of all nongovernmental organizations (NGOs), but the government makes no adjudication on the validity of any registered groups.  Religious groups may register as a society and/or tax-exempt organization as long as they have at least three members who hold valid SAR identity documents; the registration process normally takes approximately 12 working days.  is not classified as a religious group under the law, as it is registered as a society, under which its Hong Kong-based branches are able to establish offices, collect dues from members, and have legal status.

The Basic Law allows private schools to provide religious education.  The government offers subsidies to schools built and run by religious groups, should they seek such support.  Government-subsidized schools must adhere to government curriculum standards and may not bar students based on religion, but they may provide nonmandatory religious instruction as part of their curriculum.  Teachers may not discriminate against students because of their religious beliefs.  The public school curriculum mandates coursework on ethics and religious studies, with a focus on religious tolerance; the government curriculum also includes elective modules on different world religions.

Religious groups may apply to the government to lease land at concessional terms through Home Affairs Bureau sponsorship.  Religious groups may apply to develop or use facilities in accordance with local legislation.

The only direct government role in managing religious affairs is the Chinese Temples Committee, led by the secretary for home affairs.  The SAR chief executive appoints its members.  The committee oversees the management and logistical operations of 24 of the region’s 600 temples and provides grants to other charitable organizations.  The committee provides grants to the Home Affairs Bureau for disbursement, in the form of financial assistance to needy ethnic Chinese citizens.  The colonial-era law does not require new temples to register to be eligible for Temples Committee assistance.

An approximately 1,200-member Election Committee elects Hong Kong’s chief executive.  The Basic Law stipulates that the Election Committee’s members shall be “broadly representative.”  Committee members come from four sectors, divided into 38 subsectors, representing various trades, professions, and social services groups.  The religious subsector is comprised of the Catholic Diocese of Hong Kong, the Chinese Muslim Cultural and Fraternal Association, the Hong Kong Christian Council, the Hong Kong Taoist Association, the Confucian Academy, and the Hong Kong Buddhist Association.  These six bodies are each entitled to 10 of the 60 seats for the religious subsector on the Election Committee.  The religious subsector is not required to hold elections under the Chief Executive Election Ordinance.  Instead, each religious organization selects its electors in its own fashion.  Each of the six designated religious groups is also a member of the Hong Kong Colloquium of Religious Leaders.

India

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution mandates a secular state and provides for freedom of conscience and the right of all individuals to profess, practice, and propagate religion freely, subject to considerations of public order, morality, and health.  It prohibits government discrimination based on religion, including with regard to employment, as well as any religion-based restrictions on individuals’ access to public or private facilities or establishments open to the general public.  The constitution states religious groups have the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in religious matters, and own, acquire, and administer property.  It prohibits compelling anyone to pay taxes to promote or maintain any specific religion.  National and state laws make freedom of religion “subject to public order, morality, and health.”  The constitution stipulates the state shall endeavor to create a uniform civil code applicable to members of all religions across the country.

Federal law empowers the government to ban religious organizations that provoke intercommunal tensions, are involved in terrorism or sedition, or violate laws governing foreign contributions.

Nine of the 29 states have laws restricting religious conversion:  Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, and Uttarakhand.  The legislation in Rajasthan, passed in 2008, was reviewed by the central government to ensure its provisions were in alignment with existing national laws and the constitution, and has not yet received the approval from the country’s president that is required for the law to go into effect.  In March Uttarakhand became the latest state to pass an anti-conversion law, making it a non-bailable offense.  The law came into effect in April and was strengthened in August with the addition of provisions that allow the state to cancel the registration of institutions involved in forced conversions.  Only five states have implemented rules that are required for these laws to be enforced.

Chhattisgarh, Madhya Pradesh, and Uttarakhand prohibit religious conversion by the use of “force,” “allurement,” or “fraudulent means,” and require district authorities be informed of any intended conversions one month in advance.  Himachal Pradesh and Odisha maintain similar prohibitions against conversion through “force,” “inducement,” or “fraud,” and bar individuals from abetting such conversions.  Odisha requires individuals wishing to convert to another religion and clergy intending to officiate in a conversion ceremony to submit formal notification to the government.  Violators, including missionaries and other religious figures who encourage conversion, are subject to fines and other penalties, such as prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if the converts are minors, women, or members of government-designated, historically disadvantaged groups (known as Scheduled Castes or Scheduled Tribes).  Gujarat mandates prior permission from the district magistrate for any form of conversion and punishes forced conversions with up to three years’ imprisonment and a fine up to 50,000 rupees ($720).  In Himachal Pradesh, penalties include up to two years’ imprisonment and/or fines of 25,000 rupees ($360).  Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may consist of jail sentences rather than fines.

According to the Supreme Court, converting from Hinduism to another religion ordinarily “operates as an expulsion from the caste” since caste is a structure affiliated with Hindu society.  Societal definitions of caste affiliation are determinative of a person’s eligibility for government benefits.

Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near another religion’s place of worship.  Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($72).

The federal penal code criminalizes “promoting enmity between different groups on grounds of religion” and “acts prejudicial to maintenance of harmony,” including acts causing injury or harm to religious groups and members.  The penal code also prohibits “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”  Violations of any of these provisions are punishable by imprisonment for up to three years, a fine, or both.  If the offense is committed at a place of worship, imprisonment may be for up to five years.

There are no requirements for registration of religious groups, although federal law requires religiously affiliated organizations to maintain audit reports on their accounts and a schedule of their activities, and to provide these to state government officials upon request.

A federal law regulates foreign contributions to NGOs, including faith-based organizations.  Organizations with “definite cultural, economic, educational, religious, or social programs” must receive a federal government certificate of registration to receive foreign funds.  The federal government may also require that certified organizations obtain prior permission before accepting or transferring foreign funds.  The federal government may reject an application for a certificate of registration or a request for prior permission to transfer funds if it judges the recipient to be prejudicially affecting “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”

The constitution states any reference to Hindus in law is to be construed as containing a reference to followers of Sikhism, Jainism, and Buddhism, meaning they are subject to laws regarding Hindus, such as the Hindu Marriage Act.  Subsequent legislation continues to use the word Hindu as a blanket category that includes Sikhs, Buddhists, Baha’i, and Jains, but clarifies these are separate religions whose followers are included under the legislation.

Federal law provides minority community status to six religious groups:  Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists.  State governments may grant minority status to religious groups that are minorities in a particular region and designate them as minorities under state law.  Minority status makes these groups eligible for several government assistance programs.  The constitution states the government will protect the existence of religious minorities and encourage conditions for the promotion of their individual identities.

Personal status laws determine rights for members of certain religious communities in matters of marriage, divorce, adoption, and inheritance based on religion, faith, and culture.  Hindu, Christian, Parsi, Jewish, and Islamic personal status laws are legally recognized and judicially enforceable.  Personal status issues not defined for a community in a separate law are covered under Hindu personal status laws.  These laws, however, do not supersede national- and state-level legislation or constitutional provisions.  The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define customary practices.  If the law board or community leaders cannot offer satisfactory solutions, the case is referred to the civil courts.

Federal law permits interfaith couples to marry without religious conversion.  Interfaith couples, and all couples marrying in a civil ceremony, are required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment.  Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions, however, face the possibility of losing their property inheritance rights under those communities’ personal status laws.

The law recognizes the registration of Sikh marriages.  There are no divorce provisions for Sikhs under personal status laws.  Other Sikh personal status matters fall under Hindu codes.  Under the law, any person, irrespective of religion, may seek a divorce in civil court.

The constitution prohibits religious instruction in government schools; the law permits private religious schools.

Twenty-four of the 29 states apply partial to full restrictions on bovine slaughter.  Penalties vary among states, and may vary based on whether the animal is a cow, calf, bull, or ox.  The ban mostly affects Muslims and members of other Scheduled Castes and Scheduled Tribes.  In the majority of the 24 states where bovine slaughter is banned, punishments include imprisonment for six months to two years and a fine of 1,000 to 10,000 rupees ($14 to $140).  Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years.  The law in Gujarat mandates a minimum 10-year sentence (the punishment for some counts of manslaughter) and a maximum sentence of life imprisonment (the punishment for premeditated murder of humans) for killing cows, selling beef, and illegally transporting cows or beef.

The National Commission for Minorities, which includes representatives from the six designated religious minorities and the National Human Rights Commission, investigates allegations of religious discrimination.  The Ministry of Minority Affairs may also conduct investigations.  These bodies have no enforcement powers, but launch investigations based on written complaints by plaintiffs charging criminal or civil violations and submit their findings to law enforcement agencies for action.  Eighteen of the country’s 29 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.

The constitution allows for a form of affirmative action for Scheduled Caste or Scheduled Tribe communities, and the “Other Backward Class,” a category for groups deemed to be socially and educationally disadvantaged.  Since the constitution specifies only Hindus, Sikhs, or Buddhists shall be deemed a member of a Scheduled Caste, the only means through which Christian and Muslim individuals may qualify for affirmative action benefits is if they are considered members of the “backward” classes due to their social and economic status.

The government requires foreign missionaries to obtain a missionary visa.

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

Japan

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees freedom of religion and requires the state to refrain from religious education or any other religious activity.  It prohibits religious organizations from exercising any political authority or receiving privileges from the state.  It states that the people shall not abuse their rights and shall be responsible to use their rights for the public welfare.

The government does not require religious groups to register or apply for certification, but certified religious groups with corporate status do not have to pay income tax on donations and religious offerings used as part of the groups’ operational and maintenance expenses.  The government requires religious groups applying for corporate status to prove they have a physical space for worship and that their primary purpose is disseminating religious teachings, conducting religious ceremonies, and educating and nurturing believers.  An applicant is required to present in writing a three-year record of activities as a religious organization, a list of members and religious teachers, the rules of the organization, information on the method of making decisions about managing assets, statements of income and expenses for the past three years, and a list of assets.  The law stipulates that prefectural governors have jurisdiction over groups that seek corporate status in their prefecture, and registration must be made with prefectural governments.  Exceptions are granted for groups with offices in multiple prefectures, which may register with the Ministry of Education, Culture, Sports, Science, and Technology (MEXT) minister.  After the MEXT minister or a prefectural governor confirms an applicant meets the legal definition of a religious organization, the law requires the applicant to formulate administrative rules pertaining to its purpose, core personnel, and financial affairs.  Applicants become religious corporations after the MEXT minister or governor approves their application and they register.

The law requires certified religious corporations to disclose their assets, income, and expenditures to the government.  The law also empowers the government to investigate possible violations of regulations governing for-profit activities.  Authorities have the right to suspend a religious corporation’s for-profit activities for up to one year if the group violates these regulations.

The law stipulates that worship and religious rituals performed by inmates alone or in a group in penal institutions shall not be prohibited.

The law states that schools established by the national and local governments must refrain from religious education or other activities in support of a specific religion.  The law also states that an attitude of religious tolerance and general knowledge regarding religion and its position in social life should be valued in education.  Both public and private schools must develop curricula in line with MEXT standards.  These standards are based on the law, which says that schools should give careful consideration when teaching religion in general to junior and high school students.

Labor law states a person may not be disqualified from union membership on the basis of religion.

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

Macau

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The Basic Law states residents have freedom of religious belief and the freedom to publicly preach as well as conduct and participate in religious activities.  These rights may be limited in extreme situations for national security reasons.  The Basic Law further stipulates the government shall not interfere in the internal affairs of religious groups or in their relations with their counterparts outside Macau.  It bars the government from restricting religious activities that do not contravene the laws of the Macau SAR.

Under the Basic Law, the Macau SAR government, rather than the central government of the People’s Republic of China, safeguards religious freedom in the SAR.

The law states the Macau SAR government does not recognize a state religion and stipulates all religious denominations are equal before the law.  The law further provides for freedom of religion, including privacy of religious belief, freedom of religious assembly, freedom to hold religious processions, and freedom of religious education.

Religious groups are not required to register in order to conduct religious activities, but registration enables them to benefit from legal status.  Religious groups register with the Identification Bureau, providing the name of an individual applicant and that person’s position in the group, identification card number, and contact information, as well as the group’s name and a copy of the group’s charter to register.  To receive tax-exempt status or other advantages, religious groups register as charities with the Identification Bureau by submitting the same information and documents as are required to register.

The law guarantees religious organizations may run seminaries and schools, hospitals, and welfare institutions and provide other social services.

Schools run by religious organizations may provide religious education under the law.  No religious education is required in public schools.

By law, religious groups may develop and maintain relations with religious groups abroad.  The Catholic Church in Macau, in communion with the Holy See, recognizes the pope as its head.  The Vatican appoints the bishop for the diocese.

Republic of Korea

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that all citizens have freedom of religion, and that there shall be no discrimination in political, economic, social, or cultural life because of religion.  Freedoms in the constitution may be restricted by law only when necessary for national security, law and order, or public welfare, and restrictions may not violate the “essential aspect” of the freedom.  The constitution states that religion and state shall be separate.

The law requires active military service for virtually all male citizens between the ages of 18 and 40, followed by reserve duty training.  The Ministry of National Defense reported that starting in October the length of compulsory military service would gradually shrink from 21-24 months to 18-22 months, depending on the branch of service.  The law currently does not allow for alternative service options for conscientious objectors, who are subject to a maximum three-year prison sentence for refusing to serve in the military.  Conscientious objectors sentenced to more than 18 months in prison are exempt from military service and reserve duty obligations and are not subject to additional sentences or fines.

Those who complete their military service obligation and subsequently become conscientious objectors are subject to fines for not participating in mandatory reserve duty exercises.  The reserve duty obligation lasts for eight years, and there are several reserve duty exercises per year.  The fines vary depending on jurisdiction but typically average 200,000 Korean won ($180) for the first conviction.  Fines increase by 100,000 to 300,000 won ($90 to $270) for each subsequent conviction.  The law puts a ceiling on fines at 2 million won ($1,800) per conviction.  Civilian courts have the option, in lieu of levying fines, to sentence individuals deemed to be habitual offenders to prison terms or suspended prison terms that range from one day to three years.

In June the Constitutional Court ruled that the government must provide alternative service options for conscientious objectors by December 31, 2019.  On November 1, the Supreme Court ruled that conscientious objection was a valid reason to refuse mandatory military service.  The rulings did not address the status of conscientious objectors already convicted and serving time in prison.  While the Constitutional Court has the authority to rule on the constitutionality of national laws, the Supreme Court decides how these laws would apply to individual cases.

According to regulation, a religious group that has property valued at over 300 million won ($269,000) may become a government recognized religious organization by making public internal regulations defining the group’s purpose and activities, meeting minutes of the group’s first gathering, and a list of executives and employees.

To obtain tax benefits, including exemption of acquisition or registration taxes when purchasing or selling property to be used for religious purposes, organizations must submit to their local government their registration as a religious and nonprofit corporate body, an application for local tax exemption, and a contract showing the acquisition or sale of property.  Individual religious leaders previously were eligible to receive tax benefits on earned yearly income.  A revision to the Income Tax Act, which took effect in January, eliminated tax exemptions on earned income for all clergy.  Education, food, transportation, and childcare expenses remain exempt from taxation for clergy.  Individual practitioners remain eligible for income tax benefits upon submitting receipts of donations made to religious organizations.

The government does not permit religious instruction in public schools.  Private schools are free to conduct religious activities.

The law provides government subsidies to historic cultural properties, including Buddhist temples, for their preservation and upkeep.

The Ministry of Culture, Sports, and Tourism (MCST) Religious Affairs Division works with major religious groups on interfaith solidarity and interactions between religious organizations and the government.

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

Russia

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

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

The law states those who violate religious freedom will be “held liable under criminal, administrative, and other legislation.”  The administrative code and the criminal code both punish obstruction of the right to freedom of conscience and belief with imprisonment of up to three years and fines of up to 200,000 rubles ($2,900) or 500,000 rubles ($7,200), depending upon which code governs the offense.

Incitement of “religious discord” is punishable by up to four years in prison.  Under the criminal code, maximum fines and prison sentences for “actions directed to incite hatred or enmity” on the basis of religion may be punished by fines of 300,000 to 500,000 rubles ($4,300 to $7,200), compulsory labor for up to four years, or imprisonment for up to five years.  If these actions are committed with violence by a person with official status (a term which applies to anyone working for the government or state-owned entities, as well as people in management roles at commercial or nongovernment entities), or by a group of individuals, the punishment is 300,000 to 600,000 rubles ($4,300 to $8,600), compulsory labor for up to five years, or imprisonment for up to six years.

The law criminalizes offending the religious feelings of believers; actions “in public demonstrating clear disrespect for society and committed with the intent to insult the religious feelings of believers” are subject to fines of up to 300,000 rubles ($4,300), compulsory labor for up to one year, or imprisonment for up to one year.  If these actions are committed in places of worship, the punishment is a fine of up to 500,000 rubles ($7,200), compulsory labor for up to three years, or a prison sentence of up to three years.

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

Being a member of a banned religious association designated as extremist is punishable by up to six years in prison for individuals and up to 12 years for persons with official status.  First time offenders who willingly forsake their membership in banned religious organizations are exempt from criminal liability if they committed no other crimes.

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

A Supreme Court’s 2017 ruling criminalized the activity of Jehovah’s Witnesses as “extremist” and banned their activities.  The court’s ruling says that the constitution guarantees freedom of religious beliefs, but this right is limited by other rights, including the “existing civil peace and agreement.”

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

The “religious group” is the most basic unit and does not require registration with the state; however, when a group first starts its activities, it must notify authorities in the “location of the religious group activity,” typically the regional Ministry of Justice (MOJ) office.  A religious group may conduct worship services and rituals (but the law does not specify where or how) and teach religion to its members.  It does not have legal status to open a bank account, own property, issue invitations to foreign guests, publish literature, receive tax benefits, or conduct worship services in prisons, state-owned hospitals, or the armed forces.  Individual members of a group may invite foreigners as personal guests to engage in religious instruction, and may import religious material.  According to the law, a religious group may use property bought for the group’s use by its members, or residential property owned or rented by its members, or public spaces rented by its members, to hold services.

A “local religious organization” (LRO) may register with the MOJ if it has at least 10 citizen members who are 18 or older and are permanent local residents.  LROs have legal status and may open bank accounts, own property, issue invitation letters to foreign guests, publish literature, receive tax benefits, and conduct worship services in prisons, hospitals, and the armed forces.  “Centralized religious organizations” (CROs) may register with the MOJ at the regional or federal level by combining at least three LROs of the same denomination.  In addition to having the same legal rights as LROs, CROs also may open new LROs without a waiting period.

To register as an LRO or CRO, an association must provide the following:  a list of the organization’s founders and governing body, with addresses and passport information; the organization’s charter; the minutes of the founding meeting; certification from the CRO (in the case of LROs); a description of the organization’s doctrine, practices, history, and attitudes towards family, marriage, and education; the organization’s legal address; a certificate of payment of government dues; and a charter or registration papers of the governing body in the case of organizations whose main offices are located abroad.  Authorities may deny registration for reasons including incorrect paperwork, failure to meet different administrative requirements, national security reasons, or placement on the list of extremist or terrorist organizations.  Denial of registration may be appealed in court.  The law imposes reporting requirements on CROs and LROs receiving funding from abroad.  They are required to report an account of their activities, a list of leaders, the source of foreign funding, and plans for how the organization intends to use any funds or property obtained through foreign funding.  Reports are annual by default, but the MOJ may require additional ad hoc reports.

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

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

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

A Ministry of Defense chaplaincy program requires members of a religious group to comprise at least 10 percent of a military unit before an official chaplain of that group is appointed.  Chaplains are not enlisted or commissioned, but are classified as assistants to the commander.  Chaplains are full-time employees of the Ministry of Defense, paid out of the defense budget.  The program allows for chaplains from the four traditional religions only, and calls for at least 250 chaplains.

Federal law, as amended by the so-called Yarovaya Package passed in 2016, defines missionary activity as the sharing of one’s beliefs with persons of another faith or nonbelievers with the aim of involving these individuals in the “structure” of the religious association.  According to the law, in order to share beliefs outside of officially sanctioned sites (which include buildings owned by a religious organization, buildings whose owners have given permission for activities to take place, pilgrimage destinations, cemeteries and crematoria, and indoor spaces of educational organizations historically used for religious ceremonies), an individual must have a document authorizing the individual to share beliefs from a religious group or registered organization.  This letter must be provided to the authorities and the individual must carry a copy of it.  The law explicitly bans any beliefs from being shared in residential buildings without such documentation (unless in the form of a religious service, rite, or ceremony), or on another organization’s property without permission from that organization.  Materials disseminated by missionaries must be marked with the name of the religious association providing the authorization.

Engaging in missionary activity prohibited by law carries a fine of 5,000 to 50,000 rubles ($72 to $720) for individuals and 100,000 to 1,000,000 rubles ($1,400 to $14,400) for legal entities (which includes both LROs and CROs).  Foreign citizens or stateless persons who violate restrictions on missionary activities may be fined 30,000 to 50,000 rubles ($430 to $720) and are subject to administrative deportation.

Several regional governments have their own restrictions on missionary activity.

Republics in the North Caucasus have varying policies on wearing the hijab in public schools.  Hijabs are banned in public schools in Stavropol and Mordovia, rulings that have been upheld by the Supreme Court.  The law in Chechnya permits schoolgirls to wear hijabs.

The law does not provide precise criteria on how written religious materials may be classified as “extremist.”  Within the MOJ, the Scientific Advisory Board reviews religious materials for extremism.  Composed of academics and representatives of the four traditional religions, the board reviews materials referred to it by judicial or law enforcement authorities, private citizens, or organizations.  If the board identifies material as extremist, it issues a nonbinding advisory opinion, which is then published on the MOJ website and forwarded to the prosecutor’s office for further investigation.  In addition to the Scientific Advisory Board, regional experts also may review religious materials for extremism.  In 2009 the MOJ established the Expert Religious Studies Council and gave it wide powers to investigate religious organizations.  Some of the council’s powers include reviewing organizations’ activities and literature and determining whether an organization is “extremist.”  The council also advises the MOJ on the issue of giving religious organization status to a religious group.

Prosecutors may take material to a court and ask the court to declare it extremist, but materials introduced in court during the consideration of administrative, civil, or criminal cases may also be declared extremist sua sponte (i.e., of the court’s own accord).  By law, publications declared extremist by a federal court are automatically added to the federal list of extremist materials.  Courts may order internet service providers to block access to websites containing materials included on the federal list of extremist materials.  There is no legal procedure for removal from the list even if a court declares an item no longer classified as extremist, but lists are reviewed and re-issued on a regular basis and publications may be dropped from lists.  The law makes it illegal to declare the key texts (holy books) of the four traditional religions – the Old and New Testaments of the Bible, Quran, and Tibetan Buddhist Kangyur (Kanjur) – to be extremist.

According to the administrative code, mass distribution, production, and possession with the aim of mass distribution of extremist materials by private individuals may result in 15 days’ imprisonment or a fine of 1,000 to 3,000 rubles ($14 to $43), or 2,000 to 5,000 rubles ($29 to $72) for public officials, as well as the confiscation of these materials.  Courts may suspend for 90 days the operations of legal entities found to be in possession of extremist materials and fine them 100,000 to 1,000,000 rubles ($1,400 to $14,400).  Individuals who produce materials later deemed extremist may not be punished retroactively but must cease production and distribution of those materials.

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

In July the State Duma adopted, and on August 3 the president signed, a new law allowing religious organizations to use buildings that were not originally authorized for religious purposes to be used as such if they were part of a property which served a religious purpose.  The law allows, for example, a group to establish a Sunday school in a warehouse on the property of a church.  If a structure (i.e. the warehouse) does not meet legal requirements and is not made legal by submitting proper paperwork by 2030, it would be destroyed.

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

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

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

There is compulsory military service for men, but the constitution provides for alternative service for those who refuse to bear arms for reasons of conscience, including religious belief.  The standard military service period is 12 months, while alternative service is 18 months in a Ministry of Defense agency or 21 months in a nondefense agency.  Failure to perform alternative service is punishable under the criminal code, with penalties ranging from an 80,000 ruble ($1,100) fine to six months in prison.

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

The ROC and all members of the Public Chamber (a state institution established in 2005 and made up of representatives of public associations) are granted the opportunity to review draft legislation pending before the State Duma on a case-by-case basis.  No formal mechanism exists for permanent representation of religious organizations in the Public Chamber, but individuals from both traditional religions and others may be selected to serve on the Chamber, first by the president, then subsequently the selectees themselves select additional members to serve in the group.  The Duma passed legislation in 2007 barring any member of an organization who had been accused of extremism from serving on the Public Chamber.

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

Religious work is not permitted on humanitarian visas, nor are there missionary visas.  Those engaging in religious work require both a contract with a legally registered religious organization and a work visa.

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

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

Tibet

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution of the People’s Republic of China states citizens enjoy “freedom of religious belief,” but limits protections for religious practice to “normal religious activities” without defining “normal.”  The constitution bans the state, public organizations, and individuals from compelling citizens to believe in, or not believe in, any religion.  It says religion may not be used to disrupt public order, impair the health of citizens, or interfere with the educational system.  The constitution states religious bodies and affairs are not to be “subject to any foreign control.”  Only religious groups belonging to one of five state-sanctioned “patriotic religious associations” (Buddhist, Taoist, Muslim, Catholic, and Protestant), however, are permitted to register with the government and legally hold worship services or other religious ceremonies and activities.

Regulations issued by the central government’s State Administration of Religious Affairs (SARA) codify its control over the selection of Tibetan religious leaders, including reincarnate lamas.  These regulations stipulate that, depending on the perceived geographic area of influence of the lama, relevant administrative entities may deny permission for a lama to be recognized as reincarnated and these entities must approve reincarnations.  The State Council has the right to deny the recognition of reincarnations of high lamas of “especially great influence.”  The regulations also state no foreign organization or individual may interfere in the selection of reincarnate lamas, and all reincarnate lamas must be reborn within China.  The government maintains a registry of officially recognized reincarnate lamas.

Within the TAR, regulations issued by SARA assert state control over all aspects of Tibetan Buddhism, including religious venues, groups, and personnel.  Through local regulations issued under the framework of the national-level Management Regulation of Tibetan Buddhist Monasteries, governments of the TAR and other Tibetan areas control the registration of monasteries, nunneries, and other Tibetan Buddhist religious centers.  The regulations also give the government formal control over building and managing religious structures and require monasteries to obtain official permission to hold large-scale religious events or gatherings.

The central government’s State Council revisions to the Regulations on Religious Affairs became effective on February 1.  The revisions require religious groups to register with the government, increase penalties by imposing fines on landlords for “providing facilities” for unauthorized religious activities, and restrict contact with overseas religious institutions, including a new requirement for religious groups to seek approval to travel abroad and a prohibition on “accepting domination by external forces.”  The revisions increase regulations for religious schools by submitting them to the same oversight as places of worship and impose new restrictions on religious groups conducting business or investments, including placing limits on the amount of donations they can receive and restricting the publication of religious material to guidelines determined by the State Publishing Administration.  Additionally, the revisions require that religious activity “must not harm national security.”  While existing regulations stipulate the obligations of religious groups to abide by the law and safeguard national unity, the new revisions specify steps to respond to “religious extremism,” leaving “extremism” undefined.  These steps include monitoring groups, individuals, and institutions, and recommending penalties such as suspending groups and canceling clergy credentials.  The new regulations also limit the online activities of religious groups, requiring such activities be approved by the provincial Religious Affairs Bureau.

A new policy, based on ideas discussed at the national-level Conference on Religion and Work in 2016 and introduced on August 31 in the TAR, requires Tibetan monks and nuns to undergo political training in state ideology.  The policy requires monks and nuns to demonstrate – in addition to competence in religious studies – “political reliability,” “moral integrity capable of impressing the public,” and willingness to “play an active role at critical moments.”

To establish places of worship, religious organizations must receive approval from the religious affairs department of the relevant local government both when the facility is proposed and again before any services are held at that location.  Religious organizations must submit dozens of documents in order to register during these approval processes, including detailed management plans of their religious activities, exhaustive financial records, and personal information on all staff members.  Religious communities not going through the formal registration process may not legally have a set facility or worship meeting space.  Therefore, each time they want to reserve a space for worship, such as by renting a hotel or an apartment, they need to seek a separate approval from government authorities for each service.  Worshipping in a space without pre-approval, either through the formal registration process or by seeking an approval for each service, is considered an illegal religious activity, which may be criminally or administratively punished.

The TAR government has the right to deny any individual’s application to take up religious orders.  The regulations also require monks and nuns to obtain permission from officials in both the originating and receiving counties before traveling to other prefectures or “county-level cities” within the TAR to “practice their religion,” engage in religious activities, study, or teach.  Tibetan autonomous prefectures outside the TAR have similar regulations.

At the central government level, the CCP Central Committee’s Central Tibet Work Coordination Group, the CCP’s United Front Work Department (UFWD), and SARA are responsible for developing and implementing religious management policies, which are carried out with support from the five “patriotic religious associations” (Buddhist, Protestant, Catholic, Islamic, and Taoist).  At local levels, party leaders and branches of the UFWD, SARA, and the state-controlled Buddhist Association of China (BAC) are required to coordinate implementation of religious policies in monasteries, and many have stationed party officials and government officials, including public security agents, in monasteries in Tibetan areas.

CCP members, including Tibetans and retired officials, are required to be atheists and are forbidden from engaging in religious practices.  CCP members who belong to religious organizations are subject to various types of punishment, including expulsion from the CCP.

Xinjiang

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution of the People’s Republic of China states citizens enjoy “freedom of religious belief,” but limits protections for religious practice to “normal religious activities” without defining “normal.”  The constitution also stipulates the right of citizens to believe in or not believe in any religion.  Only religious groups belonging to one of five state-sanctioned “patriotic religious associations” (Buddhist, Taoist, Muslim, Catholic, and Protestant), however, are permitted to register with the government and legally hold worship services or other religious ceremonies and activities.

Xinjiang has its own counterterrorism law containing similar provisions regarding “religious extremism” as the national law.  The law bans the wearing of long beards, full-face coverings, expanding halal practice beyond food, and “interfering” with family planning, weddings, funerals, or inheritance, among other provisions.

In November SCIO published a report on cultural protection and development in Xinjiang that said the government promotes the use of standard Chinese language by law, issues religious texts published and distributed according to the law, and provides “important legal protection for the diverse cultural heritage of all ethnic groups in Xinjiang.”

In October the Xinjiang regional government issued implementing regulations for the counterterrorism law to permit the establishment of “vocational skill education training centers” (which the government also calls “education centers” and “education and transformation establishments”) to “carry out anti-extremist ideological education.”  The revised regulations stipulate, “Institutions such as vocational skill education training centers should carry out training sessions on the common national language, laws and regulations, and vocational skills, and carry out anti-extremist ideological education, and psychological and behavioral correction to promote thought transformation of trainees, and help them return to the society and family.”

On October 9, The Standing Committee of the 13th People’s Congress of Xinjiang announced that the regional government maintains the right to uphold the basic principles of the party’s religious work, adhere to the rule of law, and actively guide religion to adapt to the socialist society.  It states, “The judicial administrative department shall organize, guide, and coordinate the propaganda work of relevant laws and regulations, strengthen prison management, prevent the spread of extremism in prisons, and do relevant remolding, education, and transformation.”

Regulations in Urumqi, Xinjiang, prohibit veils that cover the face, homeschooling children, and “abnormal beards.”  A separate regulation approved by the Xinjiang People’s Congress Standing Committee in 2016 bans the practice of religion in government buildings and the wearing of clothes associated with “religious extremism.”

Authorities in Xinjiang have defined 26 religious activities, including some practices of Islam, Christianity, and Tibetan Buddhism, as illegal without government authorization.  These regulations stipulate that no classes, scripture study groups, or religious studies courses may be offered by any group or institution without prior government approval.  No religious group is permitted to carry out any religious activities, including preaching, missionary work, proselytizing, and ordaining clergy, without government approval.  It also bans editing, translation, publication, printing, reproduction, production, distribution, sale, and dissemination of religious publications and audiovisual products without authorization.

Xinjiang officials require minors to complete nine years of compulsory education before they may receive religious education outside of school.  Xinjiang regulations also forbid minors from participating in religious activities and impose penalties on organizations and individuals who “organize, entice, or force” minors to participate in religious activities.  According to press reports, a regulation in effect since 2016 further bans any form of religious activity in Xinjiang schools and stipulates parents or guardians who “organize, lure, or force minors into religious activities” may be stopped by anyone and reported to police.  Xinjiang’s regional version of the Prevention of Juvenile Delinquency Law states children affected by ethnic separatism, extremism and terrorism, and/or committing offenses that seriously endanger the society but do not constitute a criminal punishment may be sent to “specialized schools for correction” at the request of their parents, guardians or school.Xinjiang authorities continued to ban giving children any name with an Islamic connotation.

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