12.2007 - Source: UN High Commissioner for Refugees

Islam is the official religion (80 percent Sunni Muslims, 19 percent Shi’as); followers of other religions are free to exercise their faith within the legal framework ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22026]

"Islam is the official religion in Afghanistan. The majority are Sunni Muslims (80 percent), while the Shi’a – including a small group of Ismaili – represent 19 percent of the population. Afghanistan is home to minority Hindus and Sikhs. Followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of the Constitution and other laws."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Islam is religion of the State and no law can be contrary to Islam; according to the constitution, followers of other religious believes are free to exercise their faith within the limits of the law; Constitution is silent on conversion and blasphemy and defers to Sharia law for such topics ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22649]

"Although the Constitution declares Islam to be the religion of the State and affirms that “no law can be contrary to the beliefs and provisions of the sacred religion of Islam”, it also states that “followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of the law”.

The Constitution defers to Sharia law for issues on which the Constitution or the Penal Code are silent (such as conversion and blasphemy). As such, conversion from Islam is considered apostasy and is, under some interpretations of Sharia law, punishable by death."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Members of a South Korean Christian aid group deported from Afghanistan because they allegedly tried to convert Muslims to Christianity ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22651]

"Although not strictly forbidden by the Constitution or other laws, proselytism is viewed by the authorities and society in general as contrary to the tenets of Islam. As such, it is practised discreetly. In August 2006, 1,000 members of a South Korean Christian aid group were deported from Afghanistan after Islamic clerics accused them of trying to convert Muslims to Christianity."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Progressive members of the government and civil society thus far successfully blocked the reestablishment of the Department for the Prevention of Vice and the Promotion of Virtue which violated women’s and religious minorities rights’ ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22658]

"In August 2006, the Afghan Government announced its intention to re-establish, under the supervision of the Ministry of Religious Affairs, the Department for the Prevention of Vice and the Promotion of Virtue, infamous under the Taliban, for its violations of women’s and religious minorities’ right. Thus far, its establishment has been successfully blocked by progressive members of the Government and civil society."

Document(s): Open document

14.09.2007 - Source: US Department of State

International Religious Freedom Report 2007 ("International Religious Freedom Report 2007") [ID 21474]

Document(s): Open document

14.09.2007 - Source: US Department of State

Right to religous freedom not respected in pratice, although, constitution ensures religious freedom to followers of all religions; Taliban rule and weak democratic institutions have contributed to violence against religious minorities ("International Religious Freedom Report 2007") [ID 21505]

"The Constitution proclaims that "followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of law." However, it also states that Islam is the "religion of the state" and that "no law can be contrary to the beliefs and provisions of the sacred religion of Islam." The right to religious freedom was not respected in practice. Years of Taliban rule and weak democratic institutions have contributed to intolerance manifested in acts of harassment and violence against reform-minded Muslims and religious minorities [...].

The Government took limited steps to increase religious freedom. The Ministry of Foreign Affairs organized some seminars for religious leaders to promote religious tolerance and moderate views versus strict interpretations of Shari'a on women's issues.

Despite reform efforts, there was an increase in the number of reports of problems involving religious freedom compared to previous years. Several high-profile cases involving religious freedom sparked demonstrations in major cities during the period covered by this report. Condemnations of conversions from Islam and censorship increased concerns about citizens' ability to freely practice minority religions."

Document(s): Open document

14.09.2007 - Source: US Department of State

Nearly entire population Muslim; short overview of religious minorities and problems they face ("International Religious Freedom Report 2007") [ID 21507]

"The country's population is nearly entirely Muslim. Non-Muslim minority groups faced incidents of discrimination and persecution. Conversion is understood by many citizens to contravene the tenets of Islam and Shari'a. Due to societal pressure, most local Christians hid their religion from their neighbors and others. As a result, little information was available about this community or the challenges it faced. The local Sikh and Hindu populations, although allowed to practice publicly, continued to face problems obtaining land for cremation purposes and faced discrimination when seeking government jobs as well as harassment during major celebrations. Within the Muslim population, relations among the different sects of Islam continued to be difficult. Historically, the minority Shi'a community has faced discrimination from the majority Sunni population. This discrimination continued to exist [...].

Reliable data on religious demography is not available because an official nationwide census has not been conducted in decades. Observers estimate that 80 percent of the population is Sunni Muslim; 19 percent is Shi'a Muslim; and other religious groups make up less than 1 percent of the population. There is a small, hidden Christian community; there are no reliable figures on its size, but estimates range from 500 to 8,000. There are roughly 3,000 Sikh and Hindu believers and more than 400 Afghans who are followers of the Baha'i faith. In addition, there are small numbers of adherents of other religious groups, mostly Buddhist foreigners."

Document(s): Open document

14.09.2007 - Source: US Department of State

Regional concentration of religious groups in Afghanistan ("International Religious Freedom Report 2007") [ID 21523]

"Members of the same religious group have traditionally concentrated in certain regions. Sunni Muslim Pashtuns centered around the city of Kandahar and dominated the south and east of the country. The homeland of the Shi'a Hazaras was in the Hazarajat, the mountainous central highlands around Bamyan. Northeastern provinces traditionally have had Ismaili populations. Other areas, including Kabul, the capital, were more heterogeneous and included large Sunni, Shi'a, Hindu, Sikh and Baha'i populations. Similarly, the northern city of Mazar-e Sharif included a mix of Sunnis (including ethnic Pashtuns, Turkmen, Uzbeks, and Tajiks) and Shi'a (Hazaras and Qizilbash), including Shi'a Ismailis.

In the past, small communities of Hindus, Sikhs, Jews, and Christians lived in the country; however, most members of these communities emigrated during the years of civil war and Taliban rule. Even at their peak, these non-Muslim minorities constituted less than one percent of the population [...]. In total, non-Muslims, including Hindus, Sikhs, Baha'is and Jews, were estimated to number in the hundreds at the end of Taliban rule. Since the fall of the Taliban a number of religious minorities have returned."

Document(s): Open document

14.09.2007 - Source: US Department of State

Regulations for the mass media concerning the publication of materials (articles, programs etc.) on religions ("International Religious Freedom Report 2007") [ID 21534]

"Article 34 of the Constitution protects freedom of expression and of the press. Amendments to the Afghan Mass Media Law, approved by the Lower House of the Afghan Parliament on May 22, 2007, included both positive and negative changes with respect to religious freedom. In the current version of the draft law, which still has to be approved by the Upper House and signed by President Karzai, Article 45(1) prohibits the publication by the mass media of any materials that are contrary to the "principles and provisions" of the Islamic Religion, and Article 45(2) prohibits the publication by the mass media of materials that are offensive to other religions. Article 45(6) states that the mass media shall be prohibited from printing, airing, broadcasting, or otherwise disseminating materials (articles, programs, etc.) that publicize or promote any religion other than Islam. This formalizes in Afghanistan's written law a prohibition on the use of mass media to attempt to convert others to religions (other than Islam). Regardless, any attempt to convert a Muslim to another religion is already illegal in Afghanistan under Islamic law, whether through the mass media or otherwise."

Document(s): Open document

14.09.2007 - Source: US Department of State

Social discrimination and harassment of non-Muslim minorities ("International Religious Freedom Report 2007") [ID 21664]

"Non-Muslim minorities such as Sikhs, Hindus, and Christians continued to face social discrimination and harassment and, in some cases, violence. This treatment was not systematic, but the Government did little to improve conditions during this reporting period. For example, in the spring of 2006, there was an explosion outside of a Sikh gurdwara in Jalalabad."

Document(s): Open document

05.2007 - Source: US Commission on International Religious Freedom

New constitution does not contain clear protections for the right to freedom of religion ("Annual Report of the United States Commission on International Religious Freedom") [ID 20278]

"Conditions for freedom of religion or belief in Afghanistan have become increasingly problematic in recent years. Flaws in the country’s new constitution, which does not contain clear protections for the right to freedom of religion or belief for individual Afghan citizens, failed to prevent a number of criminal court cases that were in violation of the rights of the accused. In addition, the failure or inability of the Afghan government to exercise authority over much of the country outside Kabul contributes to a progressively deteriorating situation for religious freedom and other human rights in many of the provinces. Although the status of religious freedom has improved since the fall of the Taliban regime, these developments indicate that religious extremism, including through the return of the Taliban, is an increasingly viable threat once again in Afghanistan. In light of these very real dangers to the declared U.S. goal of instituting democracy and human rights protections in Afghanistan, the Commission has determined to place the country on its Watch List. Since the United States has a crucial role to play, the Commission will continue carefully to monitor the situation in Afghanistan."

Document(s): Open document

08.11.2005 - Source: US Department of State

International Religious Freedom Report 2005 ("International Religious Freedom Report 2005") [#38866],  [ID 1093]

Document(s): Open document

15.09.2004 - Source: US Department of State

2004 Constitution establishes Islam as state religion, and grants freedom of religion for other faiths ("International Religious Freedom Report 2004") [#26300],  [ID 1094]

"From December 2001 to January 4, the legal basis for religious freedom in Afghanistan was found in the December 2001 Bonn Agreement and in the 1964 Constitution.
The Bonn Agreement designated the Constitutional Commission with responsibility for drafting a new constitution. A nine-member Drafting Committee of the Constitutional Commission was formed in October 2002 and completed a first draft of the new Constitution in March 2003. President Karzai named a full Constitutional Commission with 35 members in April 2003. Commission membership included seven women, four Shi'a, an Ismaili, a Hindu, and broad ethnic representation. The full Commission completed its review of the draft Constitution in June 2003 and launched a public consultation process shortly thereafter. In November 2003, TISA released the draft Constitution, which was vigorously debated at the CLJ in December 2003 and ratified on January 4. The new Constitution renames the country as the "Islamic Republic of Afghanistan" and proclaims that the "religion of the state of the Islamic Republic of Afghanistan is the sacred religion of Islam." It also states that, "followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of law."
TISA regulations and the new Constitution provide for freedom of religion, and TISA generally respected this right in practice."

Document(s): Open document

05.2003 - Source: US Commission on International Religious Freedom

Significant improvement of situation of religious minorities; expatriate Christians said to be able to worship informally ("Report on Afghanistan") [#13728],  [ID 1095]

"The situation of Afghanistan’s religious minorities has improved significantly since the fall of the Taliban, although religious freedom is not protected to the extent called for by international standards. The country’s religious minorities include small communities of Hindus and Sikhs. Although there are no churches, expatriate Christians are reportedly able to meet in informal worship services in Kabul and one or two other major centers."

Document(s): Open document

05.2003 - Source: US Commission on International Religious Freedom

Islamist conservatives said to move quickly to put stamp on judicial system ("Report on Afghanistan") [#13728],  [ID 1096]

"While the donors were slow to engage, Islamist conservatives were moving quickly to put their stamp on the judicial system in post-Taliban Afghanistan. President Karzai retained as Chief Justice Fazl Hadi Shinwari, an associate of Professor Abdurrab Rasul Sayyaf, leader of the Saudi-funded, Wahhabi Ittihad-i-Islami Party. Originally appointed by President Burhanuddin Rabbani, Shinwari was ineligible for the position according to the 1964 Constitution’s age and education requirements (being over the maximum age of 60 for a new Chief Justice and lacking the education in civil law required by the position). Chief Justice Shinwari quickly appointed some 137 judges, far in excess of the 9 called for in the 1964 Constitution. None were women and many lacked the legal-education qualifications specified in existing Afghan law. Equally troubling, Justice Shinwari’s public pronouncements have shown that he favors an Islamic state under a hard-line interpretation of Sharia that restricts the rights and freedoms, including religious freedom, of those who do not agree. Chief Justice Shinwari has spoken out against coeducation, endorsed amputations and other abusive corporal punishments, threatened death to recalcitrant non-Muslims, founded a religious law-enforcement apparatus under the Supreme Court’s control, and attempted to curtail freedom of speech and expression through bans on television broadcasting of women dancing or singing and on cable or satellite television in general."

Document(s): Open document

15.04.2003 - Source: European Council on Refugees and Exiles

Groups at risk ("Guidelines for the Treatment of Afghan Asylum Seekers & Refugees in Europe") [#12087],  [ID 1097]

"Religious minorities are at risk of persecution including Hindus, Sikhs, Shiites, Sunnis and Ismailis. 14

14 At the end of last year 170 Ismailis were jailed for several weeks, when they tried to travel to Kabul to welcome home their leader (who fled to Uzbekistan, when the Taliban took over)."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

DIS: Secularisation of Afghan society ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 1098]

"The EU's special representative found that it is the Islamic attitude in general which is dictating the guidelines for acceptable conduct in the Afghan society today, and that there is an intolerant attitude to secularisation.
The coordinator of UNAMA's Civil Affairs Branch believed that Muslims behaving in a secular manner are in latent danger of reprisals. Non-Islamic/secular conduct is not acceptable in Afghanistan today. Depending on the political development, non-Islamic conduct may cause repercussions in the future, first and foremost in Kabul. According to the source, there is no doubt that the intelligence service (Amniat) is keeping an eye on which restaurants are selling alcohol - of which there are a few in Kabul - and which shops are selling controversial videos. There is a chance that raids may take place in the future. The source did not know of any such cases, but believed that there was a latent possibility of this happening.
The senior human rights advisor for UNAMA believed that there is presently opposition in the government against secularisation of the Afghan society. According to the Bonn Agreement, this is the aim, but the source said that it does not happen in practice.
UNHCR-Kabul found that compared to the Taliban period, there has been some secularisation. Currently, there is room for religious minorities such as Shias, Hindus and Sikhs. The UNHCR also pointed out that Afghanistan is an Islamic state, and a special department has been set up within the Ministry for Islamic Affairs for the promotion of virtue and combat of vices. (cf. also section 4.8). The source also mentioned the recent prohibition against showing singing and dancing (in Indian movies) on TV. In this connection, action has been taken to close a series of video shops.
According to CCA, no steps have been taken towards the secularisation of the Afghan society at this stage. It is a Muslim society, and Islamic groups are in power, but religious tolerance towards Shias, Ismaelis as well as Hindus and Sikhs is greater than in the past. Alcohol is still prohibited. There is also prohibition against videos showing dancing and a prohibition against female singers on TV and radio. According to the source, such videos are still being sold on the market despite the ban on showing them. Harassment may occur in this context, as the prohibition includes the sale of videos, but according to the source, this will depend on the situation of the person. The source did not know of any such cases. The source believed that it would not be a problem simply to possess such video tapes, but that threats might take place in this context. As regards the people selling such videos, the source assumed that the reaction by authorities would be limited to confiscating the illegal movies.
The coordinator of ACBAR believed that Islam is pervading all areas of the Afghan society today and that the religion is being used as a political tool. In this connection the source said that it has always been a strong element in Afghan culture to declare holy war (Jihad) against certain groups. The source also referred to the ban that has now been made on showing female singers and dancing on TV and to the recently established department for "virtue and vices" at ministerial level."

Document(s): Open document

30.07.2002 - Source: International Crisis Group

International Crisis Group: An Islamic Government? ("Afghanistan Briefing Paper: The Afghan Transitional Administration: Prospects and Perils") [#8257],  [ID 1099]

"On the morning following Karzai’s election as head of state, a series of important speakers took the floor. The most prominent jihadi religious figures – Rasul Sayyaf (Ittihad-i-Islami), Maulavi Muhammad Asif Muhsini (Harakat-i-Islami), and Sigtabullah Mojeddi (Nijat-i-Milli) rose to congratulate Karzai – and to articulate their desires for the new government. One after another they struck a single theme: the government of Afghanistan must be the Islamic Government of Afghanistan.
These speeches were clearly an effort by the jihadi block to assert itself – to let Karzai, the delegates, and observers know that its support had kept Karzai in the Arg (the Presidential Palace), and that the nation and the world still owed it a great debt of gratitude for the defeat of the Soviet Union. The years of struggle had been in the name of Islam, and the nation is entirely Muslim; therefore, there must be an Islamic government.
There was only one dissent. Gul Agha Shirzai, the controversial governor of Qandahar, the former Taliban stronghold, said that so many bad things had been done in Islam’s name in recent years that calling for an Islamic government was untrue to Islam. He said the name of Islam would be used as a weapon against other Muslims, as the Taliban had done. He was shouted off the stage, and as one of Afghanistan’s most powerful leaders was unable to speak openly on the issue, others were not about to step forward.
Characteristically, the Loya Jirga did not vote on this important issue. Its leadership simply acquiesced to pressure tactics and began to refer to the Islamic Transitional Administration. Interestingly, however, Panjshiri-controlled state radio, a bellwether of Panjshiri thinking, did not use this term during the Loya Jirga. The supporting speakers did not define how they conceive an Islamic government. All advocated some form of Sharia law, but did not discuss the implications for the form of government. In a later interview, Sayyaf said that government and Islam could not be separate – and implied that attempts to make them so are un-Islamic. “Islam is a complete system of life – not a kind of worship. You can’t accept only half the package”.
The debate about the Islamic nature of the government is important and needs to be carried out in public in an atmosphere free from intimidation. Ultimately, the formal relationship between Islam and the Afghan state will be decided in the upcoming constitutional process. Unfortunately, due to the politicisation of Islam in Afghanistan over decades, it will continue to be used as a cudgel against political opponents."

Document(s): Open document

06.06.2002 - Source: Human Rights Watch

Human Rights Watch: Ministry of Prevention of Vice and Promotion of Virtue ("Human Rights Watch Briefing Paper: Afghanistan: Return of the Warlords") [#7373],  [ID 1100]

"An Afghan journalist described an attack by agents of the Ministry of Prevention of Vice and Promotion of Virtue, which was responsible for maintaining social control (especially over women) during the Taliban's rule. The Ministry seemed to be operating again in much of Zabul province. He told Human Rights Watch what he saw on May 19, while trying to interview people in the Qalat bazaar about their feelings about the loya jirga process:
When I put the microphone in front of a person [in the bazaar], I saw a group of Vice and Virtue people pulling a guy by force who was selling tape recorded cassettes. They tore down the placards in front of his shop, laid him face down, and started beating him."

Document(s): Open document
Open document