Freedom of religion in Afghanistan

Last updated

Freedom of religion in Afghanistan changed during the Islamic Republic installed in 2002 following a U.S.-led invasion that displaced the former Taliban government.

Contents

Freedom of religion has changed again after the Taliban took back control in August 2021.

Overview

The initial three articles of the Constitution of Afghanistan dated January 23, 2004, mandated:

  1. Afghanistan shall be an Islamic Republic, independent, unitary, and indivisible state.
  2. The sacred religion of Islam shall be the religion of the Islamic Republic of Afghanistan. Followers of other faiths shall be free within the bounds of law in the exercise and performance of their religious rights.
  3. No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan. [1]

Article seven of the constitution commits the state to abide by the Universal Declaration of Human Rights (UDHR) and other international treaties and conventions to which the country is a party. [1] [2] Articles 18 and 19 of the UDHR, taken together, effectively declare that it is a universal human right to engage in religious proselytism. [3]

In the past, small communities of Hindus, Sikhs, Jews, and Christians also lived in the country; most members of these communities have left. Even at their peak, these non-Muslim minorities constituted only one percent of the population. Almost all members of the country's small Hindu and Sikh population, which once numbered about 50,000, have emigrated or taken refuge abroad. Non-Muslims such as Hindus and Sikhs now number only in the hundreds, often working as traders. The few Christians and Jews who live in the country are mostly foreigners who are in the country to carry out relief work on behalf of foreign non-governmental organizations (NGOs).

Freedom of Religion before 2002

History

The Taliban imposed its interpretation of Islamic law, establishing a "Ministry for the Promotion of Virtue and the Prevention of Vice" for purposes of enforcement. One of the Ministry's duties was to operate a body of religious police who enforced edicts on dress code, employment, access to medical care, behavior, religious practice, and expression. Persons found to be in violation of an edict were often subject to punishment meted out on the spot, which included beatings and detention.

The Taliban persecuted members of other Islamic sects as well as non-Muslims. Traditionally, Sunni Islam of the Hanafi school of jurisprudence has been the dominant form of Islam in Afghanistan. This school counts the Taliban among its followers. The Deoband madrassa (religious school) near Delhi, India, has been a source of influence for these Sunni for approximately 200 years. Most of the Taliban leadership attended Deobandi-influenced seminaries in Pakistan. The Deoband school has long sought to "purify" Islam by discarding supposedly un-Islamic accretions to the faith and reemphasizing the models established in the Qur'an and Hadith. Deobandi scholars often have opposed what they perceive as Western influences. Much of the population adheres to Deobandi-influenced Hanafi Sunnism, but a sizable minority adheres to a more mystical version of Hanafi Sunnism generally known as Sufism. Sufism centers on orders or brotherhoods that follow charismatic religious leaders.

The Shi'a, under the Taliban, were among the most economically disadvantaged groups in the country. An ethnic group known as the Hazara is predominantly Shi'a Muslim. There also are small numbers of Ismailis living in the central and northern parts of the country. Ismailis are Shi'a Muslims, but consider the Aga Khan their spiritual leader.

Freedom of speech, including on religious matters

The Taliban prohibited free speech about religious issues or discussions that challenge orthodox Sunni Muslim views. Publishing and distribution of literature of any kind, including religious material, was rare. In 1998, television sets, videocassette recorders, videocassettes, audiocassettes, and satellite dishes were outlawed in order to enforce the prohibition. However, subsequent reports indicated that many persons in urban areas around the country continued to own such electronic devices despite the ban. The Taliban continues to prohibit music, movies, and television on religious grounds in areas that it still holds.

Religious discrimination

Discrimination against non-Muslims

According to Human Rights Watch (HRW), in September 1998, the Taliban issued decrees that forbade non-Muslims from building new places of worship but allowed them to worship at existing holy sites, criticizing Muslims and living in the same residence as Muslims, as well as ordering non-Muslims to identify their houses by placing a yellow cloth on their rooftops and requiring non-Muslim women wear a yellow dress with a special mark so that Muslims could keep their distance.

The constitution limits the political rights of Afghanistan's non-Muslims, and only Muslims are allowed to become the President. [4]

Discrimination against Sikhs

In May 2001, according to news reports, the Taliban considered an edict requiring Sikhs to wear identifying badges on their clothing. On May 23, 2001, Taliban radio announced that the edict was approved by religious officials. However, Mullah Omar reportedly did not sign the edict and it was not implemented by the Taliban.

Discrimination against Hazara Shia Muslims

Repression by the Taliban of the Hazara ethnic group, which is majorly Shia Muslim, was particularly severe. The Taliban have been accused of committing mass killings of the Hazaras particularly in the north. It has been claimed that the Taliban massacred thousands of civilians and prisoners during and after the capture of Mazar-i-Sharif in August 1998.

Besides claims of genocide, there are claims of forced expulsions of ethnic Hazaras and Tajiks from areas controlled or conquered by the Taliban, as well as harassment of these minorities throughout Taliban-controlled areas.

Freedom to proselytize

A small number of foreign Christian groups were allowed in the country to provide humanitarian assistance; however, they were forbidden by the Taliban to proselytize. A June 2001 decree stated that proselytizing by non-Muslims was punishable by death or deportation in the case of foreigners. Taliban officials subsequently stated that the decree was only a guideline.

On August 3, 2001, Dayna Curry and Heather Mercer were arrested by the Taliban along with 22 others for their work with Shelter Now , a Christian aid organization based in Germany. The Taliban also seized Bibles and videos and audio tapes from the members of the group. The workers were tried for violating the Taliban prohibition against proselytizing. On November 15, 2001, Curry and Mercer were freed by Operation Enduring Freedom forces, after the Taliban had fled Kabul.

Freedom to practice a religion

Prayer was mandatory for all, and those found not praying at appointed times or who were late attending prayer were punished, often by severe beatings. There were reports in 1998 that Ministry members in Kabul stopped persons on the street and demanded that they recite various Koranic prayers in order to determine the extent of their religious knowledge.

Destruction of Buddha statues

In March 2001, the Taliban destroyed two giant pre-Islamic Buddha statues carved into cliffs in Bamiyan province, on the grounds that statues were idolatrous. [5] The Taliban destroyed the statues despite appeals from the United Nations, international NGOs, and the world community, including many Muslim countries, to preserve the two-thousand-year-old statues.

Freedom of Religion after 2002

In 2002 the Taliban was taken out of power. However, political instability meant that human rights and religious freedom were slow to improve. A report in 2021 noted that despite some changes in government and society, the small communities of religious minorities (including Hindus, Sikhs, Christians, Ahmadi Muslims and Baha'is) remained endangered, without the ability to observe their faith publicly for fear of violent reprisal. [6]

A Pew Forum data report in 2009 stated that Sunni Muslims constituted 80-85% of the population, with Shia Muslims making up 10-15%. Other religious groups, mainly Hindus, Sikhs, Baha'is and Christians, together constitute less than 0.3 percent of the population. There were a few hundred Ahmadiyya Muslims and no Jews in the country. [7]

In March 2015, a 27-year-old Afghan woman was murdered by a mob in Kabul over false allegations of burning a copy of the Qur'an. [8] After beating and kicking Farkhunda Malikzada, the mob threw her over a bridge, set her body on fire and threw it in the river. [9]

Freedom of Religion after 2021

The Taliban took back power in Sept 2021. A report in 2022 report noted that they had stated that the country is an Islamic emirate whose laws and governance must be consistent with sharia law. Sikhs, Hindus, Christians, and other non-Muslim minorities reported continued harassment from Muslims. Baha'is and Christians continued to live in constant fear of exposure. [7]

In 2022, Freedom House rated Afghanistan's religious freedom as 1 out of 4. [10]

In 2023, it was reported that violations against minorities had increased after September 2021. In particular, religious, sectarian, and ethnic minorities including Shia Hazaras and Ahmadis had fled to neighbouring countries such as Iran and Pakistan. [11]

See also

Related Research Articles

The constitution of Iran states that the country is an Islamic republic; it specifies Twelver Ja’afari Shia Islam as the official state religion.

<span class="mw-page-title-main">Islam in Pakistan</span> Overview of the role and impact of Islam in Pakistan

Islam is the largest and the state religion of the Islamic Republic of Pakistan. Pakistan has over 240 Million adherents of Islam. As much as 90% of the population follows Sunni Islam. Most Pakistani Sunni Muslims belong to the Hanafi school of jurisprudence, which is represented by the Barelvi and Deobandi traditions.

Pakistan has various religious minorities. According to the 1941 census of India, there were 5.9 million non-Muslims in the territories that came to form Pakistan in 1947 (West Pakistan and East Pakistan. During and after Pakistan's independence in 1947, about 5 million Hindus and Sikhs emigrated to India, with Punjab alone accounting for migration of 3.9 million people. According to the 1951 census conducted by the Government of Pakistan, Pakistan had 1.6% Hindu population. In East Pakistan, the non-Muslims comprised 23.2% of the total population.

<span class="mw-page-title-main">Religion in Pakistan</span> History and development of religion in Pakistan

The official religion of Pakistan is Islam, as enshrined by Article 2 of the Constitution, and is practised by approximately 96.47% of the country's population. The remaining 3.53% practice Hinduism, Christianity, Ahmadiyya Islam, Sikhism and other religions.

<span class="mw-page-title-main">Human rights in Pakistan</span> Overview of the situation of human rights throughout Pakistan

The situation of Human Rights in Pakistan is complex as a result of the country's diversity, large population, its status as a developing country and a sovereign Islamic democracy with a mixture of both Islamic and secular law.

<span class="mw-page-title-main">Religion in Afghanistan</span> Religions in Afghanistan

Afghanistan is an Islamic state, in which most citizens follow Islam. As much as 90% of the population follows Sunni Islam. According to The World Factbook, Sunni Muslims constitute between 84.7 and 89.7% of the population, and Shia Muslims between 10 and 15%. Other religions are followed by 0.3% of the population.

Sectarian violence in Pakistan refers to violence directed against people and places in Pakistan motivated by antagonism toward the target's religious sect. As many as 4,000 Shia are estimated to have been killed in sectarian attacks in Pakistan between 1987 and 2007, and thousands more Shia have been killed by Sunni extremists from 2008 to 2014, according to Human Rights Watch (HRW). Sunni Deobandis and Barelvis have also suffered from some sectarian violence, with attacks on religious shrines killing hundreds of worshippers, and some Deobandi leaders assassinated. Pakistan minority religious groups, including Hindus, Ahmadis, and Christians, have "faced unprecedented insecurity and persecution" in at least two recent years, according to Human Rights Watch. One significant aspect of the attacks in Pakistan is that militants often target their victims places of worship during prayers or religious services in order to maximize fatalities and to "emphasize the religious dimensions of their attack".

Religion in Iran has been shaped by multiple religions and sects over the course of the country's history. Zoroastrianism was the main followed religion during the Achaemenid Empire, Parthian Empire, and Sasanian Empire. Another Iranian religion known as Manichaeanism was present in Iran during this period. Jewish and Christian communities thrived, especially in the territories of northwestern, western, and southern Iran—mainly Caucasian Albania, Asoristan, Persian Armenia, and Caucasian Iberia. A significant number of Iranian peoples also adhered to Buddhism in what was then eastern Iran, such as the regions of Bactria and Sogdia.

Islam is the official religion in Kuwait, and the majority of the citizen population is Muslim.

Freedom of religion in Comoros is addressed in the constitution which proclaims equality of rights and obligations for everyone.

The Constitution of Bahrain states that Islam is the official religion and that Shari'a is a principal source for legislation. Article 22 of the Constitution provides for freedom of conscience, the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings, in accordance with the customs observed in the country; however, the Government has placed some limitations on the exercise of this right.

The Constitution provides for the freedom to practice the rights of one's religion and faith in accordance with the customs that are observed in the kingdom, unless they violate public order or morality. The state religion is Islam. The Government prohibits conversion from Islam and proselytization of Muslims.

The Lebanese Constitution provides for freedom of religion and creeds and the exercise of all religious rites provided that the public order is not disturbed. The Constitution declares equality of rights and duties for all citizens without discrimination or preference but establishes a balance of power among the major religious groups. The government has generally respected these rights; however, the National Pact agreement in 1943 restricted the constitutional provision for apportioning political offices according to religious affiliation. There have been periodic reports of tension between religious groups, attributable to competition for political power, and citizens continue to struggle with the legacy of the civil war that was fought along sectarian lines. Despite sectarian tensions caused by the competition for political power, the Lebanese continue to coexist.

The Basic Law, in accordance with tradition, declares that Islam is the state religion and that Shari'a is the source of legislation. It also prohibits discrimination based on religion and provides for the freedom to practice religious rites as long as doing so does not disrupt public order. The government generally respected this right, but within defined parameters that placed limitations on the right in practice. While the government continued to protect the free practice of religion in general, it formalized previously unwritten prohibitions on religious gatherings in locations other than government-approved houses of worship, and on non-Islamic institutions issuing publications within their communities, without prior approval from the Ministry of Endowments and Religious Affairs (MERA). There were no reports of societal abuses or discrimination based on religious belief or practice.

In Qatar, the Constitution, as well as certain laws, provide for freedom of association, public assembly, and worship in accordance with the requirements of public order and morality. Notwithstanding this, the law prohibits proselytizing by non-Muslims and places some restrictions on public worship. Islam is the state religion.


The Constitution of Yemen provides for freedom of religion, and the Government generally respected this right in practice; however, there were some restrictions. The Constitution declares that Islam is the state religion, and that Shari'a is the source of all legislation. Government policy continued to contribute to the generally free practice of religion; however, there were some restrictions. Muslims and followers of religious groups other than Islam are free to worship according to their beliefs, but the Government prohibits conversion from Islam and the proselytization of Muslims. Although relations among religious groups continued to contribute to religious freedom, there were some reports of societal abuses and discrimination based on religious belief or practice. There were isolated attacks on Jews and some prominent Zaydi Muslims felt targeted by government entities for their religious affiliation. Government military reengagement in the Saada governorate caused political, tribal, and religious tensions to reemerge in January 2007, following the third military clash with rebels associated with the al-Houthi family, who adhere to the Zaydi school of Shi'a Islam.

<span class="mw-page-title-main">Religion in Tanzania</span>

Christianity is the largest religion in Tanzania, with a substantial Muslim minority. Smaller populations of Animists, practitioners of other faiths, and religiously unaffiliated people are also present.

<span class="mw-page-title-main">Religion in Saudi Arabia</span> Religion in the country

Islam is the state religion of Saudi Arabia.

Religious discrimination in Pakistan is a serious issue for the human rights situation in modern-day Pakistan. Hindus, Christians, Sikhs, Shias, and Ahmadis among other religious minorities often face discrimination and at times are even subjected to violence. In some cases Christian churches and the worshippers themselves have been attacked. Khawaja Nazimuddin, the 2nd Prime Minister of Pakistan, stated: "I do not agree that religion is a private affair of the individual nor do I agree that in an Islamic state every citizen has identical rights, no matter what his caste, creed or faith be".

The status of religious freedom in Asia varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.

References

  1. 1 2 "The Constitution of Afghanistan" (PDF). Joint Electoral management Body (JEMB). 2004-01-23. Archived from the original (PDF) on 2006-04-25. Retrieved 2006-11-09.
  2. "International Religious Freedom Report 2006 - Afghanistan". United States Department of State. Retrieved 2006-11-08.
  3. "Universal Declaration of Human Rights". U.N. High Commissioner for human Rights. Archived from the original on 2006-11-08. Retrieved 2006-11-09.
  4. "The Constitution of the Islamic Republic of Afghanistan". Government of Afghanistan. Archived from the original on 5 March 2009. Retrieved 5 February 2013.
  5. Behzad, Nasir (2015). "The man who helped blow up the Bamiyan Buddhas". BBC News. Archived from the original on 16 August 2021. Retrieved 23 December 2019.
  6. / USCIRF 2020 report
  7. 1 2 US State Dept 2021 report
  8. Rasmussen, Sune Engel (23 March 2015). "Farkhunda's family take comfort from tide of outrage in wake of her death". The Guardian. Retrieved 23 March 2015.
  9. Whiteman, Hilary (23 March 2015). "26 arrests after mob beats, burns Afghan woman". CNN. Retrieved 23 March 2015.
  10. Freedom House, Retrieved 2023-04-25
  11. Christian Solidarity Worldwide, March 2023 report