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THE RELIGION-STATE RELATIONSHIP AND THE RIGHT TO FREEDOM OF

RELIGION OR BELIEF: A COMPARATIVE TEXTUAL ANALYSIS OF THE CONSTITUTIONS OF

PREDOMINANTLY MUSLIM COUNTRIES

TAD STAHNKE & ROBERT C. BLITT*

TABLE OF CONTENTS

INTRODUCTION 4

I. THE RELATIONSHIP BETWEEN RELIGION AND THE STATE 7 A. ISLAM AS STATE RELIGION ____________________________________________________7

Table: Defining a Constitutional Role for Religion 8 Map: Predominantly Muslim Countries Classified by Relation with Islam 8

B. ALTERNATIVES TO CONSTITUTIONAL RECOGNITION OF A STATE RELIGION______________9 C. CONSTITUTIONAL ROLE FOR ISLAMIC LAW, PRINCIPLES, OR JURISPRUDENCE ___________10

1. Overview 10 2. Islam as Source of Legislation 10 3. Other Provisions for Recognition of Islamic Principles 11 4. Other Principles in Addition to Islam May Be Sources of Legislation or the Basis for Determining Constitutional Repugnancy 12

II. GUARANTEE OF THE RIGHT TO FREEDOM OF RELIGION OR BELIEF 13

A. MINIMUM INTERNATIONAL STANDARDS FOR CONSTITUTIONAL PROVISIONS____________13 B. RELEVANT INTERNATIONAL HUMAN RIGHTS INSTRUMENTS ________________________13

1. Universal Declaration of Human Rights (UDHR) 13 2. International Covenant on Civil and Political Rights (ICCPR) 14

C. IMPLEMENTATION OF INTERNATIONAL STANDARDS IN PREDOMINANTLY MUSLIM COUNTRIES ________________________________________________________________14

1. Constitutional Provisions that Compare Favorably 14 2. Constitutional Provisions that Compare Less Favorably 15 3. Freedom of Religion or Belief as a Right of Every Individual 15 4. Constitutional Safeguards Against Coercion in Matters of Religious Belief 15

* Tad Stahnke, JD, Deputy Director for Policy, and Robert C. Blitt, MA JD LLM, International Law Specialist, of the U.S. Commission on International Religious Freedom (USCIRF). USCIRF is an independent federal commission created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, Secretary of State, and Congress. The authors wish to express their gratitude to USCIRF Commissioners and staff for making this study possible and for their comments on earlier drafts. Special thanks to Danielle Simms and Tina Ramirez for their research assistance, as well as to Scott Flipse for his research and analysis during the early stages of this project. The authors invite feedback on this study and can be contacted at research@uscirf.gov. Additional information about the Commission is available at http://www.uscirf.gov.

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v) Table: Comparison of Constitutional Provisions on Freedom of Religion to International Standards 17

D. CONSTITUTIONAL RESTRICTIONS ON THE RIGHT TO FREEDOM OF RELIGION OR BELIEF ___18 E. PERMISSIBLE LIMITATIONS ON FREEDOM TO MANIFEST A RELIGION OR BELIEF UNDER INTERNATIONAL LAW ________________________________________________________19

III. RELATED RIGHTS: FREEDOM OF EXPRESSION, ASSOCIATION AND ASSEMBLY 21

A. OVERVIEW_______________________________________________________________21 B. APPLICATION OF RELATED RIGHTS_____________________________________________21

IV. EQUALITY AND PROHIBITION OF DISCRIMINATION 22

A. OVERVIEW_______________________________________________________________22 B. CONSTITUTIONAL PROVISIONS ON EQUALITY AND NONDISCRIMINATION THAT COMPARE FAVORABLY WITH INTERNATIONAL STANDARDS ___________________________________23 C. CONSTITUTIONAL AND OTHER LIMITATIONS ON THE RIGHTS TO EQUALITY AND NONDISCRIMINATION ________________________________________________________23

V. CONSTITUTIONAL LAW: SUPREMACY, REMEDIES FOR RIGHTS VIOLATIONS AND VIOLATIONS 25

A. LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS MAY BE VOID ___________________25 B. CONSTITUTIONALLY RECOGNIZED RIGHTS MAY BE SUPERSEDED BY ORDINARY LAW ____26 C. REVIEW OF CONSTITUTIONALITY MAY IMPLICATE THE CONFORMITY OF LEGISLATION WITH ISLAM ____________________________________________________________________26 D. REMEDIES FOR VIOLATIONS OF CONSTITUTIONALLY RECOGNIZED RIGHTS _____________26 E. PROHIBITIONS ON CERTAIN REVISIONS TO THE CONSTITUTION ______________________27

VI. REFERENCE TO INTERNATIONAL AGREEMENTS AND HUMAN RIGHTS INSTRUMENTS 29

A. OVERVIEW_______________________________________________________________29 B. AFFIRMATIVE OBLIGATION OR GENERAL REFERENCE TO INTERNATIONAL HUMAN RIGHTS INSTRUMENTS ______________________________________________________________29 C. INCORPORATION OF INTERNATIONAL TREATIES INTO DOMESTIC LAW_________________29

VII. CONCLUSION 30

VII. APPENDIX 31 A. TABLE I: RELATIONSHIP BETWEEN RELIGION AND THE STATE CONSTITUTIONAL PROVISIONS (BY REGION) _______________________________________________________________31

Middle East/North Africa 31 South Asia 40 East Asia 45 Africa 47 Europe/Eurasia 52

B. TABLE II: THE RIGHT TO FREEDOM OF RELIGION OR BELIEF CONSTITUTIONAL PROVISIONS (BY REGION) _______________________________________________________________55

Middle East/North Africa 55 South Asia 59

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East Asia 61 Africa 63 Europe/Eurasia 67

C. TABLE III: EQUALITY AND PROHIBITION OF DISCRIMINATION CONSTITUTIONAL PROVISIONS (BY REGION) _______________________________________________________________70

Middle East/North Africa 70 South Asia 74 East Asia 75 Africa 76 Europe/Eurasia 80

D. POPULATION DATA AND FREEDOM OF RELIGION PROVISIONS OF NON-MUSLIM COUNTRIES WITH SIGNIFICANT MUSLIM POPULATIONS ________________________________________82

India 82 Nigeria 84 China 86 Russia 87 Ethiopia 88 Tanzania 90

E. SELECTED INTERNATIONAL HUMAN RIGHTS DOCUMENTS __________________________91 1. Universal Declaration of Human Rights 1948 91 2. International Covenant on Civil and Political Rights 1966 96 3. UN Human Rights Committee, General Comment No. 22: The Right to Freedom of Thought, Conscience and Religion (ICCPR Art. 18) 1994 99 4. UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief 1981 102 5. Vienna Concluding Document of the Organization for Security and Cooperation in Europe (OSCE) 1986 105

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INTRODUCTION

Several current developments in constitutional drafting are spurring renewed analysis of the existing constitutional landscape of the Muslim world. In 2004, Afghanistan adopted a new permanent constitution, and Iraq’s Governing Council approved an interim constitutional document for Iraq (the “Transitional Administrative Law” or TAL). Iraq’s transitional national assembly, elected in January 2005, is expected to draft a permanent constitution by August 2005.1 In Sudan, a new interim constitution is anticipated as a product of the Comprehensive Peace Agreement between the Government of the Sudan and the Sudan People’s Liberation Movement. Although the drafting and approval processes have differed markedly in these countries, international legal norms and international actors have played—and will continue to play—important roles. In each country, questions have been raised about the relationship between international legal/human rights norms and existing political arrangements in Muslim countries—especially with respect to the internationally recognized right of freedom of thought, conscience, and religion or belief. The search for reliable answers to these questions has been hindered by the dearth of specific comparative information available regarding relevant constitutional provisions in predominantly Muslim countries,2 and the absence of any comprehensive survey of texts to provide an overall picture of the constitutional arrangements in such countries. This study represents a small but important first step in filling this urgent resource gap, by providing an analysis of the constitutional provisions currently in place concerning the relationship between religion and the state, freedom of religion or belief, and related human rights in predominantly Muslim countries.

The Muslim world stretches from Europe to Africa, through the Middle East and into Asia. Indeed, its geographical diversity mirrors a central finding of this study, that predominantly Muslim countries encompass a variety of constitutional arrangements addressing the role of Islam and the scope of the right to freedom of thought, conscience, and religion or belief, and other related human rights.

In other words, although the countries reviewed in this study share the common denominator of having a majority Muslim population, the documents surveyed here establish a broad assortment of constitutional views—ranging from Islamic republics with Islam as the official state religion, to secular states with strict separation of religion and state. Moreover, diversity on the role of Islam and the extent of guarantees for internationally-recognized human rights are also found in the constitutions of those states where Islam is proclaimed the religion of the state.

Yet despite the diversity of constitutional structures, several important realities come to light through this comparative review:

• More than half of the world’s Muslim population (estimated at over 1.3 billion) lives in countries that are neither Islamic republics nor countries that have declared Islam to be

1 The TAL allows for a six-month extension in the drafting process provided such a request is approved by a majority vote of the transnational national assembly before August 1, 2005. IRAQ CONST. (Law of Administration for the Transitional Period (TAL)) [hereinafter TAL] art. 61 §f, available at http://www.cpa-iraq.org/government/TAL.html . 2 This study defines predominantly Muslim countries as those where more than half of the population is Muslim.

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the state religion. Thus, the majority of the world’s Muslim population currently lives in countries that either proclaim the state to be secular, or that make no pronouncements concerning Islam to be the official state religion.

• Countries in which Islam is the declared state religion may provide constitutional guarantees of the right to freedom of religion or belief that compare favorably with international legal standards.

• Similarly, countries with Islam as the declared state religion may maintain constitutional provisions protecting the related rights to freedom of expression, association and assembly—or the rights of equality and nondiscrimination with regard to, inter alia, religion and gender—which compare favorably with international standards.

• A number of constitutions of predominantly Muslim countries incorporate or otherwise reference international human rights instruments and legal norms.

This wide diversity in the constitutional provisions of predominantly Muslim countries,

and especially in those countries declaring themselves to be Islamic states or declaring Islam to be the state religion, is not necessarily well understood. For example, we have observed the perception that a provision found in Afghanistan’s new constitution—that “no law can be contrary to the sacred religion of Islam”—represents the norm in the constitutions of predominantly Muslim countries.3 As this study shows, that perception is incorrect.

And yet such perceptions and assumptions are not new. Since adoption of the Universal Declaration of Human Rights in 1948, critics have questioned the particular religious roots of human rights, and have challenged claims of its universality in the face of contradictory religious attitudes and practices. But the need for protection of certain individual rights deemed inherent and universal—and not contingent upon particular cultures or political arrangements—became a matter of global concern after the horrors of World War II. The world then came together under the auspices of the United Nations to enshrine the natural rights and freedoms available to all persons—including the right of religious freedom—as universal human rights.

The Universal Declaration of Human Rights, adopted in 1948, recognizes in its first sentence the “inherent dignity and…equal and inalienable rights of all members of the human family” as the “foundation of freedom, justice and peace in the world.”4 Article 18 of the Declaration addresses the relationship of religion and human rights, forbidding distinctions of any kind, including on the basis of religion, with regard to the enjoyment of those rights and freedoms. It states, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”5

According to the 2004 Arab Human Development Report, criticism that the Universal Declaration enshrines uniquely Western values “underestimates the extent of the Arab contribution, whether on the part of the Arab states that actively and effectively participated in debates on the substantive elements of human rights standards, or in the persons of distinguished

3 This study demonstrates that out of 44 predominantly Muslim countries, only 15 constitutions provide for Islamic law, principles, or jurisprudence as a source of, or limitation on, general legislation. See infra Appendix A. 4 Preamble, Universal Declaration of Human Rights, 1948. 5 Id.

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Arab experts who helped shape international human rights law.”6 Indeed, the crucial role played by the delegate from Egypt, Dr. Mahmoud Azmi, during the drafting and passage of the Declaration serves as an illustration of the aspired universality of this document.7 Dr. Azmi was an active defender of human rights for all individuals, including for women and minorities. He fervently advocated the passage of the Declaration and pointed to the long, multi-civilizational and multi-religious history of his own country to demonstrate that commitment to human rights is not a western but a universal human concept.8

In the end, out of 58 states then in existence, no country voted against the Universal Declaration.9 The Declaration thus represented a consensus at that moment in history on the fundamental character of human rights, including the freedom of thought, conscience, and religion or belief. From the early years of the United Nations, Christians, Jews, Muslims, Hindus, Sikhs, Buddhists and other religious people and groups have worked together and with one another to advance human rights. These religious groups have emphasized the religious bases for human rights within their own traditions.

Now, more than 50 years later, as Iraq and Afghanistan have embarked on their own constitutional processes, questions about the compatibility of international human rights norms within Islamic societies are being raised anew. Three contentious issues, in particular concerning religion, permeated the drafting and approval of Afghanistan’s constitution and Iraq’s TAL: the appropriate constitutional role for Islam; the scope of guarantees for fundamental human rights, including the right to freedom of thought, conscience, and religion; and the equality of rights and freedoms, especially for women. As Iraq’s newly elected transitional national assembly begins the process of drafting a permanent constitution, it is likely that matters concerning religion and human rights will resurface as key, potentially divisive, issues.10

To be certain, actual implementation of constitutional provisions is dependent on a number of diverse factors, including level of state control, system of government, independence of the judiciary, individual access to the courts, and enforcement of judicial remedies. Relatedly, constitutional text alone may not necessarily reflect what is being done in practice, especially in the field of human rights.

That said, constitutional text remains important for setting forth aspirational norms. It lays the groundwork for legal and political reconstruction. Even if not fully implemented upon enactment, constitutional text remains fixed as fundamental law and as a statement of national principles, and can be invoked by future generations seeking to fulfill its promise.

6 UNITED NATIONS DEVELOPMENT PROGRAMME, ARAB HUMAN DEVELOPMENT REPORT 2004: TOWARDS FREEDOM IN THE ARAB WORLD 75 (2004). 7 See Susan Waltz, Universal Human Rights: The Contribution of Muslim States, 26 HUM. RTS. Q.800-44 (2004) 8 In addition to Dr. Azmi, Omar Lutfi (Egypt) and Charles Malik (Lebanon) also were involved in the different stages in the preparation of the Universal Declaration of Human Rights. See supra note 4, at 75. 9 Eight states abstained from the UN General Assembly vote on the UN Declaration of Human Rights: Byelorussia, Czechoslovakia, Poland, Saudi Arabia, South Africa, the former Soviet Union, Ukraine, and Yugoslavia. 10 At the time of writing, the transitional national assembly had appointed a 55-member committee to work on drafting the permanent constitution. However, criticism concerning the representativeness of this body has resulted in plans to enlarge the committee to 110 members.

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I. THE RELATIONSHIP BETWEEN RELIGION AND THE STATE

A. Islam as State Religion

The global Muslim population is estimated at over 1.3 billion.11 Of this figure, approximately 1 billion Muslims live in 44 predominantly Muslim countries where Muslims constitute more than half of the population.12 Of the 1 billion Muslims living in predominantly Muslim countries, 28 percent live in ten countries that, according to the constitution, declare themselves to be Islamic states.13 Generally, a country with a constitutional provision declaring itself to be an Islamic state distinguishes itself by seeking to promote a broader, more significant role for Islam within that country. This role can manifest itself in a number of ways, and the practical ramifications of a constitution declaring an Islamic state are not uniform.

Each of the constitutions of the ten declared Islamic states also proclaim Islam to be the official religion of the state. In other words, all Islamic states declare Islam the official state religion. That said, there are an additional 12 predominantly Muslim countries that have chosen to declare Islam as the official state religion while forgoing the potentially more far-reaching impact of also declaring the country an Islamic state. Taken together, the 22 states that declare Islam the official religion account for 58 percent—or just over 600 million—of the 1 billion Muslims living in predominantly Muslim countries. As with the smaller category of declared Islamic states, the practical ramifications of a declaration of Islam as the religion of the state vary from state to state. Within these countries, there exist a range of legal provisions, policies, and practices in the political, social, religious, and economic spheres.

In contrast to this grouping of 22 states, the constitutions of 11 predominantly Muslim countries proclaim the state to be secular. These countries account for nearly 140 million Muslims, or 13.5 percent of the 1 billion Muslims living in predominantly Muslim countries. Finally, the 11 remaining predominantly Muslim countries have not made any constitutional declaration concerning the Islamic or secular nature of the state, and have not made Islam the official state religion. This group of countries, which includes Indonesia, the world’s largest Muslim country, accounts for over 250 million Muslims (see table below).

11 Accurate and up-to-date population data for many of the countries surveyed either does not exist or varies widely. Figures presented here are estimates and, unless indicated otherwise, are based on the Annual Report on International Religious Freedom 2004. BUREAU OF DEMOCRACY, HUMAN RIGHTS AND LABOR, U.S. DEPT. OF STATE, ANNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM 2004, at http://www.state.gov/g/drl/rls/irf/2004/. 12 All of the predominantly Muslim countries surveyed here, with the exception of Malaysia, are members of the Organization of the Islamic Conference (OIC). One of the OIC’s primary objectives is to “promote Islamic solidarity among Member States.” CHARTER OF THE ORGANIZATION OF THE ISLAMIC CONFERENCE, art. 2, available at http://www.oic-oci.org/english/main/charter.htm. Although the OIC consists of 57 member states, only 44 of these countries have a Muslim population greater than 50 percent according to data provided by the U.S. Department of State. 13 These states are: Afghanistan, Bahrain, Brunei, Iran, Maldives, Mauritania, Pakistan, Qatar, Saudi Arabia, and Yemen. See infra Appendix A.

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Table: Defining a Constitutional Role for Religion Declared Islamic

States Declared Islam as the State Religion

No Constitutional Declaration

Declared Secular States

1. Afghanistan 2. Bahrain 3. Brunei 4. Iran 5. Maldives 6. Mauritania 7. Oman 8. Pakistan 9. Saudi Arabia 10. Yemen

Ten Islamic states and: 11. Algeria 12. Bangladesh 13. Egypt 14. Iraq (TAL) 15. Jordan 16. Kuwait 17. Libya 18. Malaysia 19. Morocco 20. Qatar 21. Tunisia 22. U.A.E.

1. Albania 2. Lebanon 3. Syria 4. Indonesia 5. Comoros 6. Djibouti 7. Gambia 8. Sierra Leone 9. Somalia* 10. Sudan** 11. Uzbekistan

1. Burkina Faso 2. Chad 3. Guinea 4. Mali 5. Niger 6. Senegal 7. Azerbaijan 8. Kyrgyzstan 9. Tajikistan 10. Turkey 11. Turkmenistan

Estimated Muslim Population: 285.5 million or approximately 28 percent of Muslims living in predominantly Muslim countries.

Estimated Muslim Population (including declared Islamic states): 602.5 million or approximately 58 percent of Muslims living in predominantly Muslim countries.

Estimated Muslim Population: 287.5 million or approximately 28.5 percent of Muslims living in predominantly Muslim countries.

Estimated Muslim Population: 140 million or approximately 13.5 percent of Muslims living in predominantly Muslim countries.

Map: Predominantly Muslim Countries Classified by Relation with Islam

It also should be noted that of the approximately 300 million Muslims not living in predominantly Muslim countries, the vast majority are found in just a handful of states. In particular, India, Nigeria, China, Russia, Ethiopia, and Tanzania are home to over 270 million Muslims, or nearly 90 percent of those living outside of predominantly Muslim countries. These

* At the time of writing, Somalia has no recognized constitution. ** At the time of writing, parties to Sudan’s long-running civil war are contemplating the drafting of a new interim constitution.

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Muslims live under constitutional structures, which are either declared secular or silent with respect to a state religion. (See Appendix D, below.)

Under international human rights standards, a state can adopt a particular relationship with the religion of the majority of the population, including establishing a state religion, provided that such a relationship does not result in violations of the civil and political rights of, or discrimination against, adherents of other religions or non-believers. According to the UN Human Rights Committee’s General Comment on Article 18 (freedom of thought, conscience, and religion) of the International Covenant on Civil and Political Rights (ICCPR):

The fact that a religion is recognized as a state religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 [freedom of thought, conscience, and religion] and 27 [rights of members of religious, ethnic and linguistic minorities], nor in any discrimination against adherents to other religions or non-believers. In particular, certain measures discriminating against the latter, such as measures restricting eligibility for government service to members of the predominant religion or giving economic privileges to them or imposing special restrictions on the practice of other faiths, are not in accordance with the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26 [equal protection of the law without any discrimination].14

In a similar vein, the European Court of Human Rights has stated that the mere existence of a state religion or established church does not violate the right to freedom of religion or belief as long as individuals are free to leave that religion or church.15

B. Alternatives to Constitutional Recognition of a State Religion

Several countries around the world, Muslim and non-Muslim alike, have made a special recognition of a particular religion in the preamble or body of the constitution, without adopting a state religion or established church or any facially operative constitutional distinction between religions or among adherents of different religions. For example, Sudan’s constitution provides that: “Islam is the religion of the majority of the population. Christianity and customary creeds have considerable followers.”16 The constitution of Greece states that the “prevailing religion in Greece is that of the Eastern Orthodox Church of Christ,”17 the Georgian constitution “recognizes [the] special role of the Apostolic Autocephal Orthodox Church of Georgia,”18 and Bulgaria’s constitution asserts Eastern Orthodox Christianity as the “traditional religion.”19 In

14 Human Rights Committee, General Comment No. 22: The Right to Freedom of Thought, Conscience and Religion (Art. 18) para. 9, UN Doc. CCPR/C/21/Rev.1/Add.4, July 30, 1993 available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocument [hereinafter General Comment 22]. 15 Darby v. Sweden, 13 E.H.R.R. 774, ¶35 (1991). 16 SUDAN CONST. art. 1. 17 CONST. GREECE, art. 3 §1. 18 GEOR. CONST. art. 9 §1. 19 BULG. CONST. art. 13 §3.

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addition, the constitution of Thailand requires that the state “shall patronize and protect Buddhism and other religions,”20 and according to Argentina’s constitution, the “Federal Government supports the Roman Catholic Apostolic Faith.”21

Finally, some constitutions make reference to God or other religious concepts but are otherwise secular in nature. For example, the Indonesian constitution provides that the “State shall be based upon the belief in the One and Only God.”22 The range of references to religion demonstrated here results in a variety of constitutional practices that characterize a given state’s relationship with religion.

C. Constitutional Role for Islamic Law, Principles, or Jurisprudence

1. Overview Twenty-two of 44 predominantly Muslim countries recognize some constitutional role for

Islamic law, principles, or jurisprudence. This includes 18 of the 22 countries where Islam is the religion of the state,23 as well as four predominantly Muslim countries where Islam is not the declared state religion.24 In countries where a constitutional role for Islam is established, that role varies and in some cases may be restricted to specific matters, such as personal status issues or the creation of councils designed to advise the government concerning questions related to religion and religious life.25 (See Appendix A below.)

2. Islam as Source of Legislation The constitutions of several countries where Islam is the state religion, including Egypt

and the Gulf states, establish Islamic law, principles, or jurisprudence as “the basis for,” “the principal source of,” “a principal source of,” or “the source of” legislation.26 This practice of declaring Islamic law as a basis for legislation also occurs in countries such as Syria and Sudan, which do not have a declared state religion.

In several of these cases, no additional constitutional guidance is given to address the question of what governmental body, process, or mechanism, if any, is charged with assessing the conformity of legislation with Islamic principles or law. Moreover, many of these 20 THAIL. CONST. §73. 21 ARG. CONST. art. 2. 22 INDON. CONST. art. 29 §1 23 Afghanistan, Algeria, Bahrain, Egypt, Iraq, Iran, Jordan, Kuwait, Libya, Malaysia, Maldives, Mauritania, Oman, Pakistan, Qatar, Saudi Arabia, U.A.E, and Yemen. See infra Appendix A. 24 The additional four states that invoke Islamic principles, law, or jurisprudence in their constitutions without having declared Islam as the state religion are Comoros, Gambia, Sudan, and Syria. The four states that declare Islam the state religion but do not establish any additional role for Islamic law, principles, or jurisprudence are Bangladesh, Brunei, Morocco, and Tunisia. See infra Appendix A. 25 For example, both the constitutions of Jordan and Malaysia limit the role of Islamic law. Under Jordan’s constitution, Islamic law applies only to personal status law and matters pertaining to waqfs (Muslim religious endowments or trusts). JORDAN CONST. art. 102-110. Likewise, in Malaysia, the application of Islamic law is restricted to certain enumerated areas, and in most cases falls within state jurisdiction under the federal division of powers. See Ninth Schedule, List II—State List, Constitution of Malaysia, 1957 (as amended to 1994). Although the constitution of Gambia does not declare Islam as the state religion, it similarly restricts the application of Sharia as a source of legislation to “matters of marriage, divorce and inheritance.” GAM. CONST. art. 7 §f. 26 See OMAN CONST. art. 2; EGYPT CONST. art 1; The 1971 Provisional Constitution of the United Arab Emirates, art. 7 (this constitution was made permanent under Constitutional Amendment No. (1) of 1996); YEMEN CONST. (1994) art. 3.

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constitutions fail to provide any further definition of the terms “Islam,” “sharia” (Islamic law) or the “fundamentals,” “principles,” or “jurisprudence” of Islam.27 For example, in Saudi Arabia, the state is mandated to protect “the rights of the people in line with the Islamic sharia,” without specifying what interpretation should be applied, by whom, and how.28

In Egypt, the role of interpreting the meaning of “sharia” has fallen to the Supreme Constitutional Court, whereas in Pakistan, the constitution specifically assigns this role to the Federal Shariat Court.29 Finally, in Yemen, article 46 of the constitution provides judges with discretionary powers to interpret sharia and apply punishments that may not necessarily be proscribed by law. Though a full analysis on this subject is beyond the scope of this study, what remains clear is that the human rights ramifications of establishing a constitutionally-mandated role for Islam vary from country to country. As the 2004 Arab Human Development Report points out:

Does [sharia] mean those Islamic schools of thought that promote justice, equality, reason and respect for human dignity? Or does it refer to the doctrines of Islamic jurisprudence, which may be understood only within their cultural and historical context and which give rise to various forms of conflict between them and present-day human rights principles?30

3. Other Provisions for Recognition of Islamic Principles

Other examples of how various constitutions lend meaning to or implement a function for Islamic principles demonstrate that diverse arrangements exist. Article 3 of Afghanistan’s new constitution features a “repugnancy clause” that provides “no law can be contrary to the sacred religion of Islam and the values of this Constitution.” Moreover, under the new constitution, ordinary legislation may be used to restrict or trump the constitutional rights of individual Afghanis, since the scope of many of these rights are made subject to “provisions of the law.”31 In a related vein, Afghanistan’s constitution also requires that courts render decisions based on “provisions of the Hanafi jurisprudence” when “there is no provision in the Constitution or the laws with respect to a case under consideration.”32

For other countries, Islamic principles are constitutionally recognized, but neither self-executing nor judicially enforceable. Article 8(1A) of the Bangladesh constitution provides that “Absolute trust and faith in the Almighty Allah shall be the basis of all actions.”33 However, part 2 of the same article states that this principle, while “fundamental to the governance of

27 See, e.g., ALGERIA CONST. art, 1; BAHRAIN CONST. art 2; EGYPT CONST. art 2; MALDIVES CONST. art 1; SUDAN CONST. art 65. 28 Saudi Arabia Basic System (Decree A/90), art. 26. 29 See supra Part V. 30 UNITED NATIONS DEVELOPMENT PROGRAMME, ARAB HUMAN DEVELOPMENT REPORT 2004: TOWARDS FREEDOM IN THE ARAB WORLD 115 (2004). The 2004 ARAB HUMAN DEVELOPMENT REPORT also notes that consideration of sharia as a source of legislation may not in and of itself constitute a violation of human rights principles, “provided that those principles, intentions and interpretations of the Shari’a that favour freedom and equality…are those employed.” Id. at 116. For an example of a provision that attempts to define the meaning of sharia more precisely, while also favoring an interpretation in line with the principles of freedom and equality, see TAL, art. 7 §a. 31 For example, under art. 2, freedom to perform religious rites is permitted only “within the limits of the provisions of law.” AFG. CONST. art. 2. See also AFG. CONST. arts. 23, 27, 35, 37, 39, 40, 50. 32 AFG. CONST. art. 130. 33 BANGL. CONST. art. 8 §1A.

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Bangladesh…shall not be judicially enforceable.” Under Algeria’s constitution, state institutions are not permitted to engage in “practices contrary to Islamic morals.”34 This provision is supported by a constitutionally mandated High Islamic Council charged with: (a) encouraging and promoting ijtihad, or interpretation of Islamic law; (b) providing its opinion on religious rules; and (c) presenting periodic reports of its activity to the President.35 The constitutions of Mauritania, Comoros, and Pakistan also establish advisory bodies that assess laws or other official matters in light of Islamic principles.36

4. Other Principles in Addition to Islam May Be Sources of Legislation or the Basis for Determining Constitutional Repugnancy In some countries, other principles are mentioned as sources of legislation alongside

Islamic law, principles, or jurisprudence. For example, in addition to “Islamic law and the consensus of the nation, by referendum,” Sudan recognizes the “Constitution and custom” as sources of legislation.37 A variation of this type of clause is found in article 9 of Algeria’s constitution, which states that, “The [government] institutions forbid…practices contrary to Islamic morals and the values of [the] November [revolution].”

Significantly, Iraq’s TAL establishes not only Islam as a check on legislation, but provides that legislation cannot contradict democratic principles or human rights guarantees as well. Article 7(a) of Iraq’s TAL provides that “No law that contradicts the universally agreed tenets of Islam, the principles of democracy, or the rights cited in…this Law may be enacted during the transitional period.”38

34 ALG. CONST. art. 9. 35 ALG. CONST. arts. 171-72. 36 Mauritania’s constitution establishes a High Islamic Council. MAURITANIA CONST. art. 94, the Comoros constitution establishes a Council of the Ulemas to assist the government “in formulating decisions that affect the religious…life of the country,” COMOROS CONST.art. 57, and Pakistan’s constitution creates a Council of Islamic Ideology PAK. CONST. art. 228. 37 SUDAN CONST. art. 65. 38 Notably, a recent conference on Islam and democracy concluded that if a constitution is to recognize Islamic law or principles, the relevant constitutional language should “always recognize not only the basic principles of Islam, but also the principles of democracy, pluralism, social justice, rule of law, and [a country’s] international obligations.” Conference, Democracy and Islam in the New Constitution of Afghanistan, Rand Center for Asia Pacific Policy, 2 (2003). USCIRF Commissioner Khaled Abou El Fadl was a participant in this conference before his appointment to the Commission.

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II. GUARANTEE OF THE RIGHT TO FREEDOM OF RELIGION OR BELIEF

A. Minimum International Standards for Constitutional Provisions

The minimum international standards required for an effective constitutional guarantee of the right of freedom of religion or belief may be extracted from the UDHR and the ICCPR. These minimum standards include:

• Universal applicability to everyone as individuals, regardless of religion or

belief; • The freedom to manifest a religion or belief, either individually or in

community with others, in public or private; • Freedom to manifest all aspects of a religion or belief, including worship,

teaching, practice, and observance; • No coercion that would impair the freedom to have or to adopt a religion or

belief of one’s choice.39 (Aspects of a constitution that could constitute coercion include: (a) no provision for equality or the prohibition of discrimination on the basis of religion; or (b) separate political rights for citizens of different religions); and

• Limitations on the right to freedom of thought, conscience, and religion or belief only in certain circumstances as provided for under international law.40 (see below).

B. Relevant International Human Rights Instruments

The key international standards relating to the right to freedom of thought, conscience, and religion or belief are set out in the UDHR and the ICCPR.

1. Universal Declaration of Human Rights (UDHR) Article 18 of the UDHR provides: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in

39 According to the UN Human Rights Committee, “Article 18.2 [of the ICCPR] bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as, for example, those restricting access to education, medical care, employment or the rights guaranteed by article 25 [political rights] and other provisions of the Covenant, are similarly inconsistent with article 18.2. The same protection is enjoyed by holders of all beliefs of a non-religious nature.” General Comment 22, at para. 5. 40International Covenant on Civil and Political Rights, adopted by General Assembly resolution 2200A (XXI) of 16 December 16 1966, entry into force 23 March 1976, available at http://www.unhchr.ch/html/menu3/b/a_ccpr.htm [hereinafter ICCPR] art. 18(3).

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community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.41

2. International Covenant on Civil and Political Rights (ICCPR)

Article 18 of the ICCPR provides:

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion, which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.42

C. Implementation of International Standards in Predominantly Muslim Countries

The constitutions of the primarily Muslim countries surveyed here reflect a variety of approaches to guarantees for the freedom of thought, conscience, and religion, with some texts comparing favorably, and others comparing less favorably to the standards derived from international instruments.

1. Constitutional Provisions that Compare Favorably

Several predominantly Muslim countries have constitutional guarantees of the right to freedom of religion or belief that, on their face, compare favorably with these international standards (see Appendix B). For example, the constitutions of Pakistan and Bangladesh provide that, subject “to law, public order and morality…every citizen shall have the right to profess, 41 Universal Declaration of Human Rights, adopted and proclaimed by General Assembly resolution 217A (III) of 10 December 10 1948, available at http://www.un.org/Overview/rights.html. 42 ,ICCPR, available at http://www.unhchr.ch/html/menu3/b/a_ccpr.htm. The Human Rights Committee, established under article 28 of the Covenant, is the expert body tasked with supervising and monitoring the implementation of Covenant obligations by States parties. In carrying out this function, the Committee, inter alia, elaborates general comments “which are designed to assist States parties to give effect to the provisions of the Covenant by providing greater detail regarding the substantive and procedural obligations of States parties.” General Comments provide guidance and clarification to the various provisions of the ICCPR, and are widely considered as an integral and substantive part of the body of international human rights law. Office of the United Nations High Commissioner for Human Rights, Civil and Political Rights: The Human Rights Committee (Fact Sheet No. 15 Rev.1), p.10, available at http://www.ohchr.org/english/about/publications/docs/fs15.pdf.

15

practice and propagate his religion,”43 and Iraq’s TAL guarantees that “Each Iraqi has the right to freedom of thought, conscience, and religious belief and practice. Coercion in such matters shall be prohibited.”44

2. Constitutional Provisions that Compare Less Favorably Conversely, several countries where Islam is the state religion have constitutional

provisions regarding the right to freedom of religion or belief that, on their face, do not compare favorably with all aspects of international standards. Examples include provisions:

(a) Limited to worship or the practice of religious “rites”;45 (b) Limited to one or more religions or class of religions;46 or (c) Allowing limitations on freedom of religion by any ordinary law rather than

only those limitations permitted under international law.47

3. Freedom of Religion or Belief as a Right of Every Individual Several countries with predominantly Muslim populations have constitutions that clearly

specify that the right to freedom of religion or belief is to be extended to either every citizen or every individual. For example, Pakistan and Senegal extend the right of freedom of religion and belief to “every citizen” and “all citizens,” whereas Indonesia’s provision covers “every person.”48

However, other constitutional provisions in many countries where Islam is declared to be the state religion are less clear, raising the possibility that only groups, rather than individuals, are afforded protection. Failure to provide explicit protection for individuals means that—depending upon interpretation and application—the group or the state may define the exact parameters of the right to freedom of religion or belief rather than the individual. Consequently, individuals may not be protected fully in their freedom to dissent from established religious teachings (i.e. an individual’s right to have a religion or belief that differs or dissents from the rules or doctrines of a religious group with whom that individual might be associated).49

4. Constitutional Safeguards Against Coercion in Matters of Religious Belief Finally, several constitutions contain provisions designed to protect individuals against

coercion that would impair the freedom to have or to adopt a religion or belief, further bolstering protections for the freedom of thought, conscience, and religion or belief. Examples of countries

43 PAK. CONST. pt. II, art. 20(a). See also BANGL. CONST. pt. III, art. 41(1)(a) (drafted in a similar manner). 44 IRAQ CONST. ch. II, art. 13(f). The TAL also “guarantees the full religious rights of all individuals to freedom of religious belief and practice.” See TAL ch. I, art. 7(a). 45 See, e.g., EGYPT CONST. ch. III, art. 46, MOROCCO CONST. art. 6, and AFG. CONST. ch. I, art. 2. 46 E.g., under Iran’s constitution, “Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies…” IRAN CONST. ch. I, art. 13. Under Afghanistan’s constitution, recognition of religious freedom is limited to non-Muslims. See AFG. CONST. ch. I, art. 2. 47 See, e.g., AFG. CONST. ch. I, art. 2; YEMEN CONST. pt. II, art. 41; BAHR. CONST. ch. III, art. 22; KUWAIT CONST. pt. III, art. 35; MALDIVES CONST. ch. II, art. 25; LIBYA CONST. ch. I, art. 2. 48 PAK. CONST. pt. II, art. 20(a); SEN. CONST. art. 8; INDON. CONST. ch. XA, art. 28(e). Other countries with similar individual guarantees include Albania, Bangladesh, Malaysia, Mauritania and Kyrgyzstan (see Appendix B). 49 Several predominantly Muslim countries have constitutions that do not frame freedom of religion and belief specifically as an individual right. See, e.g., ALG. CONST. art. 36, BAHR. CONST. ch. III, art. 22; EGYPT. CONST. ch. III, art. 46.

16

that include such provisions in their constitutions include Albania, Bangladesh, Pakistan, Azerbaijan, Sierra Leone, Turkey, Malaysia, and Sudan.50 These provisions cover a wide range of areas and generally seek to protect individuals from being compelled to:

• Participate in religious practices or become a member of a religious community; • Reveal or profess a religion or belief publicly; • Receive religious instruction or education of a religion that is not one’s own; • Take an oath contrary to one’s religion; or • Pay a tax that is used for the purposes of a religion other than one’s own.

50 ALB. CONST. pt. II, art. 24(3); BANGL. CONST. pt. III, art. 41(2); PAK. CONST. pt. II, art. 21; AZER. CONST. art. 71(IV); SIERRA LEONE CONST. art. 24; TURK. CONST. ch. II, pt. VI, art. 24; MALAY. CONST. art. 11(2); SUDAN CONST. art. 24 (see Appendix B below).

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18

D. Constitutional Restrictions on the Right to Freedom of Religion or Belief

Several countries with constitutions establishing Islam as the state religion either do not provide guarantees of the right to freedom of religion or belief, or provide guarantees that, on their face, do not compare favorably with all aspects of international standards. Examples of such countries include Iran, Libya, and Oman. Some countries, such as Egypt and Saudi Arabia, assert that these restrictions flow from the position of Islam as a declared state religion and/or the role of Islam or sharia in the legal system.51 Nevertheless, the United Nations Human Rights Committee (HRC), the body that assesses compliance with the International Covenant on Civil and Political Rights (ICCPR), has concluded that restrictions made on this basis constitute violations of the ICCPR. For example, the HRC expressed concern about “infringements of the right to freedom of religion or belief” in Egypt, deplored “the ban on worship imposed on the Bahai community,” and called on the government to ensure that “its legislation and practice are consistent with article 18 of the Covenant.”52 In the case of Yemen, the HRC called on the government to “ensure that its legislation and practice are in line with the provisions of the Covenant and in particular that the right of persons to change their religion…is respected.”53 In addition, the Committee noted “with concern the situation of discrimination against women in matters of personal status, more particularly in marriage and divorce as well as the rights and duties of spouses,” and requested that the government ensure that “in all fields in the life of society, women enjoy complete equality with men, both in law and in fact.”54 (see Part E below).

In all cases, it should be emphasized that differences may exist in practice between written provisions and actual enforcement of rights. Indeed, violations of the right to freedom of religion or belief are not restricted to countries with a declared state religion; similar violations likewise may occur in countries where the constitution does not provide for a state religion or established church.55

51 See Summary Record of the 2048th Meeting: Consideration of Reports Submitted By Egypt Under Article 40 of the Covenant, U.N. Human Rights Committee, U.N. Doc. CCPR/C/SR.2048 (2002); Reports Submitted By Saudi Arabia Under Article 9 of the Convention, U.N. Committee on the Elimination of Racial Discrimination, U.N. Doc. CERD/C/370/Add.1 and Corr.1 (2001); Summary Record of the 1558th Meeting: Consideration of Reports, Comments and Information Submitted By Saudi Arabia Under Article 9 of the Convention, U.N. Committee on the Elimination of Racial Discrimination, U.N. Doc. CERD/C/SR.1558 (2003). 52 Concluding Observations of the Human Rights Committee: Egypt, U.N. Human Rights Committee, at para. 17, U.N. Doc. CCPR/CO/76/EGY (2002), available at http://www.unhchr.ch/tbs/doc.nsf/0/89189f6057f03fdec1256c68002f1ec4?Opendocument. 53 Concluding Observations of the Human Rights Committee: Yemen, U. N. Human Rights Committee, at para. 20, U.N. Doc. CCPR/CO/75/YEM (2002), available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/83b4694b87b1f1abc1256c0500253d65?Opendocument. 54 See id. at para. 7. 55 After reviewing the state party report submitted by Uzbekistan, the HRC concluded that the government must abolish legislation that requires “religious organizations and associations to be registered to be entitled to manifest their religion and beliefs,” as well as a Penal Code provision “which penalizes the failure of leaders of religious organizations to register their statutes,” since those provisions were found to violate article 18 of the ICCPR. Concluding Observations of the Human Rights Committee: Uzbekistan, U.N. Human Rights Committee, at para. 24, U.N. Doc. CCPR/CO/71/UZB 26/04/2001 (2001), available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.CO.71.UZB.En?Opendocument.

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That said, several countries with a declared state religion or an established church provide generally effective protection in law and in practice to the right to freedom of religion or belief and related human rights (for example, Norway, Denmark, and Iceland). The circumstances under which such protection occurs include:

(a) Constitutional and/or legislative guarantees in line with international standards for upholding freedom of thought, conscience, religion or belief and related human rights, as well as effective mechanisms to enforce these guarantees in practice; (b) Enforceable prohibitions of discrimination on account of religion or belief; and (c) Strong adherence to rule of law and international human rights norms, including access to enforcement mechanisms for these norms through international institutions such as the European Court of Human Rights.

E. Permissible Limitations on Freedom to Manifest a Religion or Belief Under International Law

Under international standards, no limitations whatsoever are permitted on the freedom to have or adopt a religion or belief of one’s choice. The guarantee of freedom from coercion to have or to adopt a religion or belief and the liberty of parents and guardians to ensure religious and moral education also cannot be restricted.56 However, the freedom to manifest a religion or belief may be limited in certain circumstances according to ICCPR Art. (18)(3). In the words of the UN’s HRC:

• Article 18.3 [of the ICCPR] permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

• In interpreting the scope of permissible limitation clauses, States parties should proceed from the need to protect the rights guaranteed under the Covenant, including the right to equality and non-discrimination on all grounds specified in articles 2, 3 and 26.

• Limitations imposed must be established by law and must not be applied in a manner that would vitiate the rights guaranteed in article 18.

• The Committee observes that paragraph 3 of article 18 is to be strictly interpreted: restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security.

• Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need

56 General Comment 22, at para. 8.

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on which they are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a discriminatory manner.

• The Committee observes that the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition.57

Despite these principles laid out by the HRC, a number of predominantly Muslim

countries that have ratified the ICCPR have constitutional provisions that, on their face, permit limitations that are not consistent with international standards.58 For example, in Afghanistan, the right to manifest a religion is contingent upon “provisions of the law”,59 which may enable limitations of the right based on non-enumerated grounds. In addition, provisions in other countries introduce limitations not recognized under international standards including recognition of a limited list of religious communities,60 “public policy,”61 “established customs,”62 “decorum,”63 “the order established by law and the regulations,”64 and state sovereignty and national security.65

57 See id. (emphasis added). 58 At the same time, specific limitations not in accordance with the views of the HRC also exist in countries such as Maldives, which has not signed the ICCPR. Under the Maldives constitution, the rights to freedom of conscience and expression may be restricted on the grounds of “protecting the basic tenets of Islam.” MALDIVES CONST. art. 25. 59 AFG. CONST. art. 2. 60 IRAN CONST. art. 13. 61 KUWAIT CONST. art. 35. 62 For example, LIBYA CONST. art. 2., and BAHR. CONST. art.22. 63 JORDAN CONST. art. 14. 64 DJIBOUTI CONST. art. 11. 65 GAMBIA CONST. art. 25. Article 14 of Turkey’s constitution also expresses a limitation to the right of freedom of religion based on national security grounds.

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III. RELATED RIGHTS: FREEDOM OF EXPRESSION, ASSOCIATION AND ASSEMBLY

A. Overview

Many manifestations of religion or belief also fall within the scope of the related rights of freedom of expression, association, and assembly. Thus, protection of the right to freedom of religion or belief is enhanced by effective constitutional guarantees of these related rights.

As with the freedom to manifest religion or belief, the rights to freedom of expression, association, and assembly also are subject to restriction only in limited circumstances under international standards such as the ICCPR. Restrictions on these rights may be imposed only as prescribed by law and where necessary “in the interests of national security or public safety, public order…the protection of public health or morals or the protection of the rights and freedoms of others.”66

B. Application of Related Rights

In several countries where Islam is the religion of the state, the constitutional provisions on the rights to freedom of expression, association, and assembly provide that the right can be circumscribed by any ordinary act of the legislature, rather than under the specific circumstances envisioned under international law.67 However, other countries having Islam as a state religion do maintain provisions on these rights that, on their face, compare favorably with international standards.68

From among the related human rights discussed above, freedom of religion or belief is intimately linked with the right to freedom of expression. For example, enforcement of offenses of blasphemy and injury to religious feelings may conflict with the right to freedom of expression. These types of laws “can be used to suppress the expression of religious beliefs or opinions on religious issues that are perceived to be incorrect by or are unpopular with adherents of other religious groups, particularly the dominant group.”69 Although outside the reach of this study, a robust analysis of how such conflicts are addressed in practice is crucial for determining the scope of freedom of religion or belief in a given country.

66 See International Covenant on Civil and Political Rights, art. 19, 21, 22. GA res. 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 52, UN Doc. A/6316 (1966). 67 See e.g. PAK. CONST. art. 19, which subjects the right of freedom of expression to, inter alia, “any reasonable restrictions imposed by law in the interest of the glory of Islam,” BAHR. CONST. art. 23, which allows for freedom of expression “provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord or sectarianism is not aroused,” and YEMEN CONST. art. 41, which provides that “The State shall by law secure freedom of thought and expression whether orally, in writing or in pictures and as provided for by law.” 68 See e.g. ALG. CONST. art. 36; BANGL. CONST. art. 41. 69 Tad Stahnke, Proselytism and the Freedom to Change Religion in International Human Rights Law, 1999 B.Y.U. L. REV.251, 289 (1999).

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IV. EQUALITY AND PROHIBITION OF DISCRIMINATION

A. Overview

Many of the constitutions of predominantly Muslim countries contain provisions addressing:

(a) Equality before the law; (b) Equality of rights and freedoms (including in some cases specific provision of

equal rights for men and women); and (c) Non-discrimination in rights or other official activities on the basis of, inter alia,

religion and gender.

The Human Rights Committee has concluded that “inequality in the enjoyment of rights by women throughout the world is deeply embedded in tradition, history and culture, including religious attitudes.”70 Abdelfattah Amor, former Special Rapporteur of the Commission on Human Rights on Freedom of Religion or Belief, has identified several practices allegedly rooted in tradition but sometimes justified on the basis of religion which may result in discrimination against women and be harmful to their wellbeing, including:

• cultural stereotypes, including preference for male children, religious extremism, and regulation of women’s clothing;

• discrimination resulting from the condition of women within the family, including practices related to marriage and divorce (e.g.: polygamy, family planning, division of responsibilities);

• discrimination related to inheritance and independent management of finances; and • discrimination related to right to life, including infanticide, cruel treatment of widows,

and honor crimes; and • aggravated discrimination against women who also are members of a minority

community.71

As a result of these findings, the Human Rights Committee has determined that ICCPR Article 18 “may not be relied upon to justify discrimination against women by reference to freedom of thought, conscience and religion.”72

70 UN Human Rights Committee, General Comment No. 28: Equality of Rights Between Men and Women, para. 5, UN Doc. CCPR/C/21/Rev.1/Add.10 (March 29, 2000), available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/13b02776122d4838802568b900360e80?Opendocument. 71 Abdelfattah Amor, Special Rapporteur of the Commission on Human Rights on Freedom of Religion or Belief, Étude sur la liberté de religion ou de conviction et la condition de la femme au regard de la religion et des traditions, pp. 26-51, UN Doc. E/CN.4/2002/73/Add.2 (April 5, 2002), available at http://documents-dds-ny.un.org/doc/UNDOC/GEN/G02/121/89/pdf/G0212189.pdf?OpenElement. 72 Supra note 68, at para. 21. Similarly, the Special Rapporteur of the Commission on Human Rights on Freedom of Religion or Belief has concluded that in order to prevent freedom of religion from being used to undermine the rights of women, it is essential that this freedom not be interpreted as a right of indifference with respect to the status of women. Supra note 69, at 63.

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B. Constitutional Provisions on Equality and Nondiscrimination that Compare Favorably with International Standards

Not all countries with Islam as a declared state religion have opted to make equality subject to Islamic law. Several countries with Islam as the state religion maintain equality provisions that reflect international standards.73 For example, article 12 of Iraq’s TAL guarantees that:

All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, nationality, religion, or origin, and they are equal before the law. Discrimination against an Iraqi citizen on the basis of his gender, nationality, religion, or origin is prohibited. Everyone has the right to life, liberty, and the security of his person. No one may be deprived of his life or liberty, except in accordance with legal procedures. All are equal before the courts.

Oman’s constitution states that “All citizens are equal before the Law and share the same public rights and duties. There is no discrimination between them on the ground of gender, origin, colour, language, religion, sect, domicile, or social status.”74 Similarly, Algeria provides that “citizens are equal before the law without any possible discrimination on the basis of birth, race, gender (sex), opinion or all other conditions or personal or social circumstance.”75

The constitutions of some predominantly Muslim countries go even further in asserting the right of equality and protection from discrimination. For example, Syria’s constitution guarantees “for women all opportunities enabling them to fully and effectively participate in the political, social, cultural, and economic life” and provides that “citizens are equal before the law in their rights and duties.”76 Likewise, Chad’s constitution ensures that “Chadians of either sex have the same rights and the same duties” and extends “to all equality before the law, without distinction of origin, race, sex, religion, political opinion, or social position.”77

C. Constitutional and Other Limitations on the Rights to Equality and Nondiscrimination

73 According to the HRC, discrimination, as used in the ICCPR, “should be understood to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.” In the same respect, the HRC also found that article 26 of the ICCPR (equal protection) does not “merely duplicate the guarantee already provided for in article 2 but provides in itself an autonomous right. It prohibits discrimination in law or in fact in any field regulated and protected by public authorities.” Para. 7 and 12, Human Rights Committee, General Comment No. 18: Non-discrimination, CCPR/C/21/Rev.1/Add.1 (1989), 10 November 1989, available at http://www.unhchr.ch/tbs/doc.nsf/0/3888b0541f8501c9c12563ed004b8d0e?Opendocument. 74 OMAN CONST. art. 17. 75 ALG. CONST. art. 29. 76 SYRIA CONST. arts. 25, 45. 77 CHAD CONST. arts. 13 and 14.

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At least five constitutions of countries where Islam is the religion of the state, including Egypt and Bahrain, explicitly make equality subject to Islamic principles or the rules of Islamic jurisprudence regarding the treatment of men and women.78 Qualifying equality in this way may subject women to discriminatory treatment in law and practice, particularly with regard to personal status issues such as marriage, divorce, and inheritance. Typically, this issue does not arise in secular states, where the principle of equality is expressed without qualification.

Still other predominantly Muslim countries’ constitutions provide exceptions from general nondiscrimination provisions for personal status issues such as adoption, marriage, and divorce,79 or limit the application of equality to specific rights,80 or do not address the issues of equality and discrimination altogether.81

Finally, the constitutions of a number of predominantly Muslim countries may restrict to Muslim citizens the right to serve in government positions, and particularly to hold executive power. This is achieved by requiring a specific Islamic oath or by stipulating that only Muslims can hold a given position. For example, in Yemen, the president, vice-president, members of the House of Representatives, prime minister, and other ministers must take the following constitutional oath: “I solemnly swear to God the Almighty that I shall abide by the Holy Koran and the Sunnah of Prophet Muhammed…”82 Alternatively, according to the Tunisian constitution, only a Tunisian citizen “of Moslem religion…may present himself as a candidate for the Presidency of the Republic,” in Syria, “the religion of the President of the Republic shall be Islam,” and in Pakistan, “A person shall not be qualified for election as President unless he is a Muslim.”83 In other predominantly Muslim countries, an Islamic oath is required by individuals before being permitted to take office.

This restriction also may manifest itself in more specific forms, whereby practice of a particular strand of Islam is established—often in favor of another Muslim community—as a prerequisite to political office. For example, in the Maldives, a “person shall be qualified to be elected as President if he is a Muslim of Sunni following;” and in Brunei, “No person shall be appointed to be Prime Minister unless he is a Brunei Malay professing the Muslim religion and belonging to the [Shafeite] sect of that religion.”84

78 BAHR. CONST. art. 5(b); EGYPT CONST. art. 11; IRAN CONST. art. 20-21; SAUDI ARABIA CONST. art. 8.; and YEMEN CONST. art. 31. 79 SIERRA LEONE CONST. art. 27(4)(d) and GAM. CONST. art. 33(5)(c). 80 For example, compare the Moroccan constitution’s provision “Men and Women enjoy equal political rights,” MOROCCO CONST. art. 8, with Azerbaijan’s more broadly formulated, “Men and women have equal rights and freedoms” AZER. CONST. art. 25. 81 See for example BRUNEI CONST. 82 YEMEN CONST. art. 159. 83 TUNIS. CONST. art. 40.; SYRIA. CONST. art. 3(1); and PAK. CONST. art. 41(2). 84 MALDIVES CONST. art. 34(a), and BRUNEI CONST., art. 4(5) (emphasis added).

25

V. CONSTITUTIONAL LAW: SUPREMACY, REMEDIES FOR RIGHTS VIOLATIONS AND VIOLATIONS

A. Laws Inconsistent with Fundamental Rights May Be Void

The constitutions of at least three predominantly Muslim countries which have established Islam as the state religion, as well as Iraq’s TAL, contain a provision that makes void any law inconsistent with fundamental rights as set out in the constitution.85 For example, article 26 of Bangladesh’s constitution provides:

(1) All existing law inconsistent with the provisions [on fundamental rights] shall, to the extent of such inconsistency, become void on the commencement of this Constitution. (2) The State shall not make any law inconsistent with any provisions of this Part, and any law so made shall, to the extent of such inconsistency, be void.

Pakistan’s constitution also provides safeguards for protection of fundamental rights under article 8:

(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter [on fundamental rights] shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extend [sic] of such contravention, be void.86

More generally, the constitutions of several predominantly Muslim countries provide for the supremacy of the constitution over other laws and regulations, and also establish a constitutional court or other official body to assess the conformity of laws to the constitution, including guarantees of human rights. Malaysia’s provision on constitutional supremacy is not as specific as Bangladesh’s, yet it still provides that the constitution “is the supreme law of the Federation and any law passed…which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.”87

85 These countries are Bangladesh, Pakistan and Maldives. BANGL. CONST. pt. III, art. 26; PAK. CONST. pt. II, ch. 1, art. 8; MALDIVES CONST. art. 31. 86 It should be noted that Pakistan’s constitution also tasks a Federal Shariat Court with examining “whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the Holy Prophet.” If such a law is determined to be repugnant to those injunctions, “such law or provision shall, to the extent to which it is held to be so repugnant, case [sic] to have effect on the day on which the decision of the Court takes effect.” See PAK. CONST. pt. VII, ch. 3, art. 203(D)(1), 203(D)(3)(b). 87 MALAY. CONST. art. 4(1).

26

B. Constitutionally Recognized Rights May be Superseded by Ordinary Law

Some constitutions do not entrench supremacy for human rights guarantees and as a consequence, in certain situations these guarantees may be superseded by an ordinary act of legislation. As noted above, Afghanistan’s new constitution, on its face, permits ordinary legislation to restrict or trump fundamental individual rights. Other countries with similar provisions include Senegal, Yemen, and Iran.88

C. Review of Constitutionality May Implicate the Conformity of Legislation with Islam

In states where Islamic principles, law, or jurisprudence are established in the constitution as a basis or standard of legislation, a judicial or other body empowered to assess the constitutionality of laws may also have the authority to review legislation for its conformity to Islam. One example is the Supreme Constitutional Court of Egypt, which, in addition to enforcement of constitutionally recognized human rights, has been tasked with interpretation of the constitution’s provision that “Islamic jurisprudence is the principal source of legislation.”89 In the Iraq TAL, “Islam…is to be considered a source of legislation,”90 and article 44(b)(2) provides the Federal Supreme Court with:

Original and exclusive jurisdiction, on the basis of a complaint from a claimant or a referral from another court, to review claims that a law, regulation, or directive issued by the federal or regional governments, the governorate or municipal administrations, or local administrations is inconsistent with [the Transitional Administrative Law].91

Another example is Afghanistan’s new constitution, which establishes that “no law can

be contrary to the sacred religion of Islam and the values of [the] Constitution,”92 and also empowers the Supreme Court to review legislation for conformity to the constitution, provided such a review is made at “the request of the Government and/or the Courts.”93 As noted above, the Afghan constitution also requires courts to apply Hanafi jurisprudence where the constitution or existing laws are silent.94

D. Remedies for Violations of Constitutionally Recognized Rights

88 SEN. CONST. tit. II, art. 8; YEMEN CONST. pt. II, art. 41; IRAN CONST. ch. I, art. 13. 89 EGYPT CONST. pt. 1, art. 2. 90 TAL ch. 1, art. 7(A). 91TAL ch. 6, art. 44(b)(2). 92 AFG. CONST. ch. 1, art. 3. 93 AFG. CONST. ch. 7, art. 121. 94 AFG. CONST. ch. 7, art. 130. See also discussion supra Part II(c)(iii).

27

Some constitutions provide explicitly for remedies for violations of constitutionally recognized rights, including violations by government officials. In Turkey, “Everyone whose constitutional rights and freedoms are violated has the right to request prompt access to the competent authorities” and the “State is obliged to indicate in its transactions, the legal remedies and authorities the persons concerned should apply and their time limits.”95 Sudan’s constitution sets out a similar provision under article 34:

Every aggrieved person who has exhausted means of grievance and complaint to the executive and administrative organs, shall have the right of access to the Constitutional Court to protect the freedoms, sanctities and rights set out in this Chapter; and the Constitutional Court may according to due process exercise the power to annul any law or order that contravenes the Constitution and restore the right to the aggrieved or compensate him for damage sustained.

Albania, Azerbaijan, and Bangladesh also provide for such remedies in their respective constitutions.96

E. Prohibitions on Certain Revisions to the Constitution

Another notable provision found in several constitutions seeks to entrench certain state-defining elements by preventing their modification. In some cases, such as Chad, these protected provisions guarantee the secular nature of the state and the fundamental rights of its citizens. The Chadian constitution specifies that:

No procedure of revision may be started or pursued if it interferes with: - the integrity of the territory, independence or national unity; - the republican form of the State, the principle of the division of powers and

secularity; - the freedoms and fundamental rights of the citizen…97

In contrast, the prohibition on revisions found in the constitutions of several countries

where Islam is the religion of the state protects the Islamic character of the state. According to Iran’s constitution:

The contents of the Articles of the Constitution related to the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran…and the…official religion of Iran [Islam]…are unalterable.98

95 TURK. CONST. ch. 2, § 15, art. 40. 96 ALB. CONST. pt. 1, art. 4(3); AZER. CONST. pt. 2, ch. III, art. 60(II); BANGL. CONST. pt. III, art. 44. 97 CHAD CONST. tit. XIV, art. 225. 98 IRAN CONST. ch. XIV, art. 177. See also MOROCCO CONST. tit. XII, art. 106.

28

Finally, Algeria’s constitution demonstrates that both fundamental rights and Islam as a state religion may be considered essential state characteristics that cannot be subject to revision. According to the constitutional text, no constitutional revision “may impinge on…Islam, as the religion of the State [or on] fundamental liberties, on the rights of man and citizen.”99

99 ALG. CONST. tit. IV, art. 178(3), 178(5). See also QATAR CONST. ch. V, art. 145-46; AFG. CONST. ch. 10, art. 149; IRAQ CONST. ch. 1, art. 3(A). Kuwait’s constitution permits revisions with respect to the role of Islam; however it prevents amendments with respect to “the principles of liberty and equality . . . [unless such an amendment serves] to increase the guarantees of liberty and equality.” KUWAIT CONST. pt. V, art. 175.

29

VI. REFERENCE TO INTERNATIONAL AGREEMENTS AND HUMAN RIGHTS INSTRUMENTS

A. Overview

Protection of the right to freedom of religion or belief can be enhanced by constitutional references to international human rights instruments, including human rights treaties to which the country is a party. The application of these international human rights protections, if considered part of the domestic law of the state and enforceable through the courts or other means, can supplement other constitutional provisions on human rights.

B. Affirmative Obligation or General Reference to International Human Rights Instruments

The constitutions of predominately Muslim countries address in a variety of ways international human rights documents such as the UDHR and other international agreements to which the state is a party, including the UN Charter and the ICCPR. Some of these constitutions may contain an affirmative obligation to abide by specific international human rights instruments. For example, article 7 of Afghanistan’s new constitution declares that the state “shall abide by the UN charter, international treaties, international conventions that Afghanistan has signed, and the Universal Declaration of Human Rights.” In a similar manner, article 6 of Yemen’s constitution provides that the state “shall abide by the United Nations Charter, the Universal Declaration on Human Rights, the Arab League Charter and the universally recognized rules of international law.”

States with constitutions that lack any specific affirmative obligation to abide by international human rights instruments may, nonetheless, make reference more generally to “international…treaties and the generally recognized norms of international Law conducive to the promotion of peace and security,”100 subscribe “to the principles and objectives of the Charter of the United Nations,”101 or respect “the international charters and treaties…to which it is a party.”102 Other constitutions may allude to such documents in their preambles,103 whereas others make no reference at all to any international documents or treaties.

C. Incorporation of International Treaties into Domestic Law

Several primarily Muslim countries’ constitutions provide that an international agreement duly ratified by the state has the force of law. In some of these countries, in addition to

100 OMAN CONST. ch. 2, art. 10. 101 ALG. CONST. ch. 3, art. 28. 102 QATAR CONST. ch. 1, art. 6. 103 See, for example, Lebanon, Guinea, and Mali. LEB. CONST. pmbl.; GUINEA CONST. pmbl.; MALI CONST. pmbl.

30

ratification, an enactment by the legislative body is required for an agreement to have the force of law. Examples include Chad and Egypt.104

VII. CONCLUSION

This study has assessed existing constitutional provisions concerning the relationship between religion and state, freedom of thought, conscience, and religion or belief, and related human rights in predominantly Muslim countries against recognized international standards. Given the fact that freedom of thought, conscience, and religion or belief remain salient human rights in the minds of Muslim citizens—and reflect a high-ranking priority within their concept of freedom105—this study can serve as a resource for current drafting efforts underway in Muslim countries, especially as drafters begin to grapple with key questions including the role of Islam, the provision of individual human rights, and the interaction between religion and state.

The comparative analysis of constitutional text presented here is intended as a departure point, and an invitation for further examination of the interpretation and application of these texts—especially with regard to their practical impact on society, and on the protection of internationally recognized human rights. The authors hope that others may take up this task to further advance human rights, and the right to freedom of thought, conscience, and religion or belief, around the globe.

104 CHAD CONST. tit. XIII, art. 222; EGYPT CONST. pt. V, ch. III, § 1, art. 151. 105 According the findings of a “Freedom Survey” undertaken as part of the Arab Human Development Report, freedom of thought, freedom of belief, freedom for minorities to practice their distinctive culture and religious rites, and freedom for religious organizations were considered key elements of the concept of freedom by more than 80% of those surveyed. See UNITED NATIONS DEVELOPMENT PROGRAMME, ARAB HUMAN DEVELOPMENT REPORT 2004: TOWARDS FREEDOM IN THE ARAB WORLD 98 (2004).

31

VII

. APP

EN

DIX

A. T

able

I: R

elat

ions

hip

Bet

wee

n R

elig

ion

and

the

Stat

e

Con

stitu

tiona

l Pro

visio

ns (B

y R

egio

n)10

6

Mid

dle

East

/Nor

th A

fric

a

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

Alg

eria

107

99%

n/

a Y

es

No

Art

icle

2

Isla

m is

the r

elig

ion

of th

e St

ate.

A

rtic

le 9

Th

e [g

over

nmen

t] in

stitu

tions

forb

id:

…

– pr

actic

es c

ontra

ry to

Isla

mic

mor

als a

nd th

e va

lues

of [

the]

Nov

embe

r [r

evol

utio

n].

Art

icle

171

N

ext t

o th

e Pr

esid

ent o

f the

Rep

ublic

, a H

igh

Isla

mic

Cou

ncil

is es

tabl

ishe

d…es

peci

ally

to:

– en

cour

age

and

prom

ote

ijtih

ad [i

ndep

ende

nt le

gal i

nter

pret

atio

n of

Is

lam

ic la

w];

–

to p

rovi

de it

s opi

nion

on

the r

elig

ious

rule

s on

wha

t is s

ubm

itted

to

it…

Art

icle

178

N

o co

nstit

utio

nal r

evis

ion

may

impi

nge

on:

…

2. T

he d

emoc

ratic

cha

ract

er b

ased

on

plur

al p

artie

s. 3.

Isla

m, a

s the

relig

ion

of th

e St

ate.

…

5.

On

fund

amen

tal l

iber

ties,

on th

e rig

hts o

f man

and

citi

zen.

...

106 A

ll co

nstit

utio

n ex

cerp

ts, u

nles

s ind

icat

ed o

ther

wis

e, a

re ta

ken

from

the

mos

t cur

rent

vol

ume

of A

lber

t P. B

laus

tein

and

Gis

bert

H. F

lanz

, eds

., C

onst

itutio

ns o

f the

Cou

ntrie

s of t

he W

orld

(New

Yor

k: O

cean

a Pu

blic

atio

ns, I

nc.).

All

popu

latio

n da

ta a

re ta

ken

from

the

Annu

al R

epor

t on

Inte

rnat

iona

l Rel

igio

us F

reed

om 2

004,

pre

pare

d by

the

U.S

. Dep

artm

ent o

f Sta

te’s

Bur

eau

of D

emoc

racy

, Hum

an R

ight

s and

Lab

or

(http

://ww

w.st

ate.

gov/

g/dr

l/rls/

irf/2

004/

) and

the

U.S

. Dep

artm

ent o

f Sta

te’s

Cou

ntry

Bac

kgro

und

Not

es (h

ttp://

www.

stat

e.go

v/r/

pa/e

i/bgn

/).

32

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

Bahr

ain10

8 98

%

Isla

mic

Y

es

Yes

A

rtic

le 1

a.

The

Kin

gdom

of B

ahra

in is

[a] f

ully

sov

erei

gn, i

ndep

ende

nt Is

lam

ic

Ara

b St

ate…

A

rtic

le 2

Th

e re

ligio

n of

the

Stat

e is

Isla

m. T

he Is

lam

ic S

hari’

a is

a p

rinci

pal

sour

ce fo

r leg

islat

ion…

A

rtic

le 5

b.

The

Sta

te g

uara

ntee

s rec

onci

ling

the

dutie

s of w

omen

tow

ards

the

fam

ily w

ith th

eir w

ork

in so

ciet

y, a

nd th

eir e

qual

ity w

ith m

en in

po

litic

al, s

ocia

l, cu

ltura

l, an

d ec

onom

ic sp

here

s with

out b

reac

hing

the

prov

isio

ns o

f Isl

amic

can

on la

w (S

hari’

a).

d. In

herit

ance

is a

gua

rant

eed

right

gov

erne

d by

the

Isla

mic

Sha

ri’a.

A

rtic

le 1

20

c. It

is n

ot p

erm

issi

ble

to p

ropo

se a

n am

endm

ent t

o A

rticl

e 2

of th

is

Con

stitu

tion,

and

it is

not

per

mis

sibl

e un

der a

ny c

ircum

stanc

es to

pr

opos

e th

e am

endm

ent o

f…th

e pr

inci

ples

of f

reed

om a

nd e

qual

ity

esta

blis

hed

in th

is C

onst

itutio

n.

Egyp

t109

90%

n/

a Y

es

Yes

A

rtic

le 2

Is

lam

is th

e rel

igio

n of

the

Stat

e…Is

lam

ic ju

rispr

uden

ce is

the

prin

cipa

l so

urce

of l

egis

latio

n.

Iran

110

99%

Is

lam

ic

Yes

Y

es

Art

icle

1

The

form

of g

over

nmen

t of I

ran

is th

at o

f an

Isla

mic

Rep

ublic

, end

orse

d by

the

peop

le o

f Ira

n on

the

basi

s of t

heir

long

stand

ing

belie

f in

the

sove

reig

nty

of tr

uth

and

Qur

’āni

c ju

stic

e…

Art

icle

2

The

Isla

mic

Rep

ublic

is a

syst

em b

ased

on

belie

f in:

107 A

LG. C

ON

ST. (

1996

, as a

men

ded

to 2

002)

. 10

8 BA

HR

. CO

NST

. (as

pro

mul

gate

d by

Kin

g H

amad

bin

Isa

Al K

halif

a on

Feb

ruar

y 14

, 200

2).

109 E

GY

PT C

ON

ST. (

1971

, as a

men

ded

to 1

980)

. 11

0 IRA

N C

ON

ST. (

1979

, as a

men

ded

to 1

989)

. Th

e Ira

nian

Con

stitu

tion

cont

ains

a le

ngth

y pr

eam

ble

and

num

erou

s add

ition

al p

rovi

sion

s tou

chin

g on

the

rela

tions

hip

betw

een

Isla

m a

nd th

e sta

te.

33

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

1. th

e O

ne G

od (a

s sta

ted

in th

e ph

rase

“Th

ere

is n

o go

d ex

cept

Alla

h”),

His

exc

lusi

ve so

vere

ignt

y an

d th

e rig

ht to

legi

slate

, and

the

nece

ssity

of

subm

issi

on to

His

com

man

ds;

2. D

ivin

e rev

elat

ion

and

its fu

ndam

enta

l rol

e in

setti

ng fo

rth th

e la

ws…

A

rtic

le 4

A

ll ci

vil,

pena

l fin

anci

al, e

cono

mic

, adm

inis

trativ

e, c

ultu

ral,

mili

tary

, po

litic

al, a

nd o

ther

law

s and

regu

latio

ns m

ust b

e ba

sed

on Is

lam

ic

crite

ria. T

his p

rinci

ple

appl

ies a

bsol

utel

y an

d ge

nera

lly to

all

artic

les o

f th

e C

onsti

tutio

n as

wel

l as t

o al

l oth

er la

ws a

nd re

gula

tions

, and

the

fuqa

hā’ o

f the

Gua

rdia

n C

ounc

il ar

e ju

dges

in th

is m

atte

r. A

rtic

le 1

2 Th

e of

ficia

l rel

igio

n of

Iran

is Is

lam

and

the

Twel

ver J

a’fa

rî sc

hool

[in

usūl

al-D

în a

nd fi

qh],

and

this

prin

cipl

e w

ill re

mai

n et

erna

lly

imm

utab

le. O

ther

Isla

mic

scho

ols,

incl

udin

g th

e H

anaf

î, Shāf

i’î, M

ālik

î, H

anba

lî, a

nd Z

aydî

, are

to b

e ac

cord

ed fu

ll re

spec

t, an

d th

eir f

ollo

wer

s ar

e fr

ee to

act

in a

ccor

danc

e w

ith th

eir o

wn

juris

prud

ence

in p

erfo

rmin

g th

eir r

elig

ious

rite

s. Th

ese

scho

ols e

njoy

offi

cial

stat

us in

mat

ters

pe

rtain

ing

to re

ligio

us e

duca

tion,

affa

irs o

f per

sona

l sta

tus (

mar

riage

, di

vorc

e, in

herit

ance

, and

will

s) a

nd re

late

d lit

igat

ion

in c

ourts

of l

aw. I

n re

gion

s of t

he c

ount

ry w

here

Mus

lims f

ollo

win

g an

y on

e of

thes

e sc

hool

s of f

iqh

cons

titut

e th

e m

ajor

ity, l

ocal

regu

latio

ns, w

ithin

the

boun

ds o

f the

juris

dict

ion

of lo

cal c

ounc

ils, a

re to

be

in a

ccor

danc

e w

ith

the

resp

ectiv

e sc

hool

of f

iqh,

with

out i

nfrin

ging

upo

n th

e rig

hts o

f the

fo

llow

ers o

f oth

er sc

hool

s. A

rtic

le 1

70

Judg

es o

f cou

rts a

re o

blig

ed to

refra

in fr

om e

xecu

ting

statu

tes a

nd

regu

latio

ns o

f the

gov

ernm

ent t

hat a

re in

con

flict

with

the

law

s or

the

norm

s of I

slam

…

Art

icle

177

Th

e co

nten

ts of

the

Arti

cles

of t

he C

onsti

tutio

n re

late

d to

the

Isla

mic

ch

arac

ter o

f the

pol

itica

l sys

tem

; the

bas

is o

f all

the

rule

s and

re

gula

tions

acc

ordi

ng to

Isla

mic

crit

eria

; the

relig

ious

foot

ing;

the

obje

ctiv

es o

f the

Isla

mic

Rep

ublic

of I

ran;

the

dem

ocra

tic c

hara

cter

of

34

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

the

gove

rnm

ent;

the

wilā

yat a

l-’am

r; th

e Im

amat

e of

Um

mah

… [a

nd

the]

offi

cial

relig

ion

of Ir

an [I

slam

] and

the

scho

ol [T

wel

ver J

a’fa

ri] a

re

unal

tera

ble.

Ir

aq 1

92511

1 n/

a n/

a Y

es

In c

erta

in m

atte

rs.

Art

icle

13

Isla

m is

the

offic

ial r

elig

ion

of th

e St

ate…

A

rtic

le 7

6 Th

e Sh

ara

[Sha

ria] c

ourts

alo

ne sh

all b

e co

mpe

tent

to d

eal w

ith a

ctio

ns

rela

ting

to th

e pe

rson

al st

atus

of M

osle

ms a

nd a

ctio

ns re

latin

g to

the

adm

inist

ratio

n of

Waq

f fou

ndat

ions

. Ir

aq 2

004

(TA

L)11

2 97

%

n/a

Yes

Y

es

Art

icle

3 [S

upre

me

Law

] (A

) Thi

s Law

is th

e Su

prem

e La

w o

f the

land

and

shal

l be

bind

ing

in a

ll pa

rts o

f Ira

q w

ithou

t exc

eptio

n…Li

kew

ise,

no

amen

dmen

t may

be

mad

e th

at c

ould

abr

idge

in a

ny w

ay th

e rig

hts o

f the

Iraq

i peo

ple

cite

d in

C

hapt

er T

wo…

redu

ce th

e po

wer

s of t

he re

gion

s or g

over

nora

tes;

or

affe

ct Is

lam

, or a

ny o

ther

relig

ions

or s

ects

and

thei

r rite

s. A

rtic

le 7

[Sta

te R

elig

ion,

Fre

edom

of R

elig

ion,

Ara

b N

atio

n]

(A) I

slam

is th

e of

ficia

l rel

igio

n of

the

Stat

e an

d is

to b

e co

nsid

ered

a

sour

ce o

f leg

isla

tion.

No

law

that

con

tradi

cts t

he u

nive

rsal

ly a

gree

d te

nets

of I

slam

, the

prin

cipl

es o

f dem

ocra

cy, o

r the

righ

ts c

ited

in

Cha

pter

Tw

o of

this

Law

may

be

enac

ted

durin

g th

e tra

nsiti

onal

per

iod.

Th

is La

w re

spec

ts th

e Is

lam

ic id

entit

y of

the

maj

ority

of t

he Ir

aqi p

eopl

e an

d gu

aran

tees

the

full

relig

ious

righ

ts of

all

indi

vidu

als t

o fre

edom

of

relig

ious

bel

ief a

nd p

ract

ice.

Jo

rdan

113

95%

n/

a Y

es

In c

erta

in m

atte

rs.

Art

icle

2

Isla

m sh

all b

e th

e re

ligio

n of

the

Stat

e…

A

rtic

le 1

04

The

Relig

ious

Cou

rts sh

all b

e di

vide

d in

to:—

(i)

The

Sha

ria C

ourts

111 IR

AQ

CO

NST

. (C

onsti

tutio

n of

the

Kin

gdom

of I

raq,

192

5) a

vaila

ble

at h

ttp://

ww

w.g

eoci

ties.c

om/d

agth

o/ira

qico

nst1

9250

321.

htm

l, or

via

the

cons

titut

ion

finde

r pro

ject

at t

he T

.C. W

illia

ms S

choo

l of L

aw, U

nive

rsity

of R

ichm

ond,

at h

ttp://

conf

inde

r.ric

hmon

d.ed

u.

112 IR

AQ

CO

NST

. (La

w o

f Adm

inis

tratio

n fo

r the

Sta

te o

f Ira

q fo

r the

Tra

nsiti

onal

Per

iod

(TA

L)),

avai

labl

e at

http

://w

ww

.cpa

-ira

q.or

g/go

vern

men

t/TA

L.ht

ml.

113 JO

RD

AN

CO

NST

. (19

52, a

s am

ende

d to

198

4).

35

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

(ii) T

he tr

ibun

als o

f oth

er R

elig

ious

Com

mun

ities

. A

rtic

le 1

05

The

Shar

ia C

ourts

shal

l hav

e ex

clus

ive

juris

dict

ion

in th

e fo

llow

ing

mat

ters

in a

ccor

danc

e w

ith it

s spe

cial

law

s:

(i) M

atte

rs o

f per

sona

l sta

tus o

f Mos

lem

s (ii

) Cas

es c

once

rnin

g bl

ood

mon

ey (d

iyeh

) whe

re th

e tw

o pa

rties

are

M

osle

ms o

r whe

re o

ne o

f the

par

ties i

s not

a M

osle

m a

nd th

e tw

o pa

rties

co

nsen

t to

the

juris

dict

ion

of th

e Sh

aria

Cou

rts.

Art

icle

106

Th

e Sh

aria

Cou

rts sh

all a

pply

in it

s pro

ceed

ings

the

prov

isio

ns o

f the

Sh

aria

Law

. A

rtic

le 1

08

The

tribu

nals

of R

elig

ious

Com

mun

ities

are

the

tribu

nals

of th

e no

n-m

osle

m [s

ic] r

elig

ious

trib

unal

s whi

ch w

ere

or w

ill b

e re

cogn

ized

by

the

Gov

ernm

ent a

s bei

ng e

stab

lishe

d in

the

Has

hem

ite K

ingd

om o

f Jor

dan.

K

uwai

t114

85%

of

resi

dent

s n/

a Y

es

Yes

A

rtic

le 2

Th

e re

ligio

n of

the

Stat

e is

Isla

m, a

nd th

e Is

lam

ic S

haria

shal

l be

a m

ain

sour

ce o

f leg

isla

tion.

A

rtic

le 1

8 …

In

herit

ance

is a

righ

t gov

erne

d by

the

Isla

mic

Sha

ria.

Leba

non11

5 70

%

n/a

No

No

n/a

Liby

a 97

%

n/a

Yes

Y

es

Con

stitu

tiona

l Pro

clam

atio

n, 1

1 D

ecem

ber

1969

116

Art

icle

2

Isla

m is

the r

elig

ion

of th

e St

ate

and

Ara

bic

is its

offi

cial

lang

uage

. The

St

ate

prot

ects

relig

ious

free

dom

in a

ccor

danc

e w

ith e

stab

lishe

d cu

stom

s. A

rtic

le 8

…

Inhe

ritan

ce is

a ri

ght w

hich

will

be

gove

rned

by

the

Isla

mic

Sha

ri’a.

114 K

UW

AIT

CO

NST

. (19

62).

115 L

EB. C

ON

ST. (

1926

, as a

men

ded

to 1

995)

.

36

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

Mor

occo

117

99%

n/

a Y

es

No

Art

icle

6

Isla

m is

the r

elig

ion

of th

e St

ate

whi

ch g

uara

ntee

s to

all f

reed

om o

f w

orsh

ip.

Art

icle

19

The

Kin

g…en

sure

s the

obs

erva

nce

of Is

lam

and

the

Con

stitu

tion.

He

is

the

prot

ecto

r of t

he ri

ghts

and

libe

rties

of t

he c

itize

n, so

cial

gro

ups a

nd

colle

ctiv

ities

. A

rtic

le 1

06

The

mon

arch

ic fo

rm o

f the

Sta

te a

s wel

l as t

he p

rovi

sion

s rel

atin

g to

the

Isla

mic

relig

ion

cann

ot b

e th

e ob

ject

of a

con

stitu

tiona

l rev

isio

n.

Om

an11

8 99

% o

f ci

tizen

s Is

lam

ic

Yes

Y

es

Art

icle

1

The

Sulta

nate

of O

man

is a

n A

rab,

Isla

mic

, Ind

epen

dent

Sta

te w

ith fu

ll so

vere

ignt

y an

d M

usca

t is i

ts C

apita

l. A

rtic

le 2

Th

e St

ate’

s rel

igio

n is

Isla

m a

nd Is

lam

ic S

haria

is th

e ba

sis f

or

legi

slat

ion.

A

rtic

le 1

0 Th

e Po

litic

al P

rinci

ples

: …

La

ying

suita

ble

foun

datio

ns fo

r con

solid

atin

g th

e pi

llars

of g

enui

ne

shur

a em

anat

ing

from

the

coun

try’s

her

itage

, val

ues a

nd it

s Isl

amic

Sh

aria

, tak

ing

prid

e in

its h

isto

ry w

hile

ado

ptin

g th

e us

eful

co

ntem

pora

ry m

etho

ds a

nd to

ols.

Art

icle

11

The

Econ

omic

Prin

cipl

es:

...In

herit

ance

is a

righ

t gov

erne

d by

Isla

mic

Sha

ria.

116 L

ibya

has

not

had

a c

onst

itutio

n sin

ce th

e ov

erth

row

of K

ing

Idris

in 1

969.

The

Rev

olut

iona

ry C

omm

and

Cou

ncil

publ

ished

its C

onsti

tutio

nal

Proc

lam

atio

n on

Dec

embe

r 11,

196

9. T

he su

bseq

uent

Dec

lara

tion

on th

e Es

tabl

ishm

ent o

f the

Aut

horit

y of

the

Peop

le (1

977)

not

ed a

t arti

cle

2 th

at “

The

Hol

y K

uran

is th

e co

nstit

utio

n of

the

Soci

alis

t Peo

ple’

s Lib

yan

Ara

b Ja

mah

iriya

.”

117 M

OR

OC

CO

CO

NST

(ado

pted

by

refe

rend

um S

epte

mbe

r 13,

199

6 an

d pr

omul

gate

d O

ctob

er 7

, 199

6).

118 B

ASI

C S

TATU

TE O

F TH

E ST

ATE

OF

OM

AN

[Con

stitu

tion]

, 199

6.

37

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

Qat

ar11

9 99

% o

f ci

tizen

s n/

a Y

es

Yes

A

rtic

le 1

Q

atar

is a

n A

rab

Stat

e, so

vere

ign

and

inde

pend

ent.

Its re

ligio

n is

Isla

m,

and

the

Isla

mic

Law

is th

e m

ain

sour

ce o

f its

legi

slatio

ns. I

ts sy

stem

is

dem

ocra

tic, a

nd it

s offi

cial

lang

uage

is th

e A

rabi

c la

ngua

ge...

A

rtic

le 5

1 Th

e rig

ht o

f inh

erita

nce

is in

viol

able

and

is g

over

ned

by th

e Is

lam

ic

Law

. Sa

udi A

rabi

a 99

% o

f ci

tizen

s Is

lam

ic

Yes

Y

es

The

Bas

ic S

yste

m o

f the

Con

sulta

tive

Cou

ncil

(Dec

ree

A/9

0), 1

99212

0 A

rtic

le 1

Th

e K

ingd

om o

f Sau

di A

rabi

a is

an A

rab

and

Isla

mic

sove

reig

n sta

te. I

ts re

ligio

n is

Isla

m, a

nd it

s con

stitu

tion,

the

holy

Qur

an a

nd th

e pr

ophe

t’s

Sunn

ah…

A

rtic

le 6

Th

e ci

tizen

s will

take

alle

gian

ce b

efor

e th

e m

onar

ch in

line

with

the

holy

Qur

an a

nd th

e pr

ophe

t’s S

unna

h.

Art

icle

7

The

rule

in th

e ki

ngdo

m d

epen

ds o

n th

e hol

y Q

uran

and

the p

roph

et’s

Su

nnah

. A

rtic

le 8

Th

e ru

le in

the

king

dom

is b

ased

on

justi

ce, c

onsu

ltatio

ns a

nd e

qual

ity

in a

ccor

danc

e w

ith th

e Is

lam

ic S

haria

. A

rtic

le 2

3 Th

e sta

te p

rote

cts t

he Is

lam

ic c

reed

, car

ries o

ut it

s Sha

ria a

nd u

nder

take

s its

dut

y to

war

ds th

e Is

lam

ic c

all.

Art

icle

38

The

pena

lty is

per

sona

l, an

d no

crim

e or

pen

alty

unl

ess i

n lin

e w

ith th

e

119 Q

ATA

R C

ON

ST. (

adop

ted

by re

fere

ndum

on

Apr

il 29

, 200

3).

120 S

audi

Ara

bia

has n

o w

ritte

n co

nstit

utio

n. A

fter r

elea

sing

the

decr

ee c

ited

here

, Kin

g Fa

hd Ib

n A

bdul

aziz

affi

rmed

that

the

anno

unce

men

t of t

he b

asic

sy

stem

of g

over

nmen

t was

onl

y an

aut

hent

icat

ion

of re

gula

tions

alre

ady

eman

atin

g fr

om sh

aria

.

38

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

Shar

ia te

xt o

r the

regu

latio

ns...

A

rtic

le 4

6 Th

e ju

dici

al a

utho

rity

is a

n in

depe

nden

t org

an a

nd n

obod

y ha

s aut

horit

y ov

er th

e ju

dges

exc

ept t

he a

utho

rity

of th

e Is

lam

ic sh

aria

. A

rtic

le 4

8 Th

e sy

stem

of j

udge

s w

hich

is a

pplie

d to

all

case

s pre

sent

ed b

efor

e it

is,

shar

ia ru

les a

ccor

ding

to th

e te

achi

ngs o

f the

hol

y qu

ran,

the

sunn

ah,

and

the

regu

latio

ns se

t by

the r

uler

pro

vide

d th

at th

ey d

o no

t con

tradi

ct

the

holy

Qur

an a

nd su

nnah

. A

rtic

le 5

5 Th

e ki

ng w

ill ru

le th

e nat

ion

acco

rdin

g to

the

rulin

gs o

f Isl

am a

nd

supe

rvis

e th

e ap

plic

atio

n of

shar

ia (I

slam

ic la

ws)

, the

stat

e’s g

ener

al

polic

y an

d th

e pr

otec

tion

and

defe

nse

of th

e co

untry

. Sy

ria12

1 90

%

n/a

No

Yes

A

rtic

le 3

(2

) Isla

mic

juris

prud

ence

is a

mai

n so

urce

of l

egis

latio

n.

Tuni

sia12

2 98

%

n/a

Yes

N

o A

rtic

le 1

Tu

nisia

is a

free

Sta

te, i

ndep

ende

nt a

nd so

vere

ign;

its r

elig

ion

is…

Isla

m,

its la

ngua

ge is

Ara

bic

and

its re

gim

e is

the

Repu

blic

. U

.A.E

.123

96%

n/

a Y

es

Yes

A

rtic

le 7

Is

lam

shal

l be

the

offic

ial r

elig

ion

of th

e U

nion

. The

Isla

mic

Sha

ri’ah

sh

all b

e a

prin

cipa

l sou

rce

or le

gisla

tion

in th

e U

nion

…

Yem

en12

4 10

0%

Isla

mic

Y

es

Yes

A

rtic

le 1

Th

e Re

publ

ic o

f Yem

en is

an

inde

pend

ent,

sove

reig

n, A

rab

Isla

mic

St

ate

whi

ch is

inse

para

ble

and

no p

art o

f it s

hall

be c

eded

. The

Yem

eni

peop

le is

par

t of t

he A

rab

and

Isla

mic

nat

ion

Art

icle

2

Isla

m is

the r

elig

ion

of th

e St

ate

and

Ara

bic

is its

offi

cial

lang

uage

.

121 S

YR

IA C

ON

ST. (

amen

ded

2000

). 12

2 TU

NIS

. CO

NST

. (am

ende

d 19

93).

123 T

he 1

971

PRO

VIS

ION

AL

CO

NST

ITU

TIO

N O

F TH

E U

NIT

ED A

RA

B E

MIR

ATE

S w

as m

ade

perm

anen

t und

er C

onst

itutio

nal A

men

dmen

t No.

(1) o

f 199

6.

124 Y

EMEN

CO

NST

. (19

94).

39

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of L

aw

or L

egis

latio

n?

Con

stitu

tiona

l For

mul

atio

n

Art

icle

3

The

Isla

mic

Sha

ria’a

(jur

ispr

uden

ce) s

hall

be th

e so

urce

of a

ll le

gisl

atio

ns.

Art

icle

23

The

right

to in

herit

acc

ordi

ng to

Isla

mic

Sha

ria’a

shal

l her

eby

be

guar

ante

ed b

y la

w.

Art

icle

46

…Cr

ime

and

puni

shm

ent s

hall

be d

eter

min

ed b

y th

e pr

ovis

ions

of

Shar

ia’a

and

law

...

Art

icle

59

The

defe

nce

of re

ligio

n an

d th

e co

untry

is a

sacr

ed d

uty

and

mili

tary

se

rvic

e is

an

hono

ur...

40

Sout

h A

sia

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

Afg

hani

stan

125

99%

Is

lam

ic

Yes

N

o la

w c

an b

e co

ntra

ry to

Isla

m.

Art

icle

1

Afg

hani

stan

is an

Isla

mic

Rep

ublic

, ind

epen

dent

, uni

tary

and

indi

visi

ble

Stat

e.

Art

icle

2

The

relig

ion

of A

fgha

nista

n is

the

sacr

ed re

ligio

n of

Isla

m. F

ollo

wer

s of

othe

r rel

igio

ns a

re fr

ee to

per

form

thei

r rel

igio

us ri

tes w

ithin

the

limits

of

the

prov

isio

ns o

f law

. A

rtic

le 3

In

Afg

hani

stan,

no

law

can

be

cont

rary

to th

e sa

cred

relig

ion

of Is

lam

an

d th

e va

lues

of t

his C

onsti

tutio

n.

Art

icle

130

W

hen

ther

e is

no

prov

isio

n in

the

Con

stitu

tion

or th

e la

ws w

ith re

spec

t to

a c

ase

unde

r con

side

ratio

n, th

e co

urt s

hall

follo

w th

e pr

ovis

ions

of t

he

Han

afi j

uris

prud

ence

with

in th

e pr

ovis

ions

set f

orth

in th

is C

onst

itutio

n to

rend

er a

dec

isio

n th

at se

cure

s jus

tice

in th

e be

st p

ossi

ble

way

. A

rtic

le 1

31

Cou

rts sh

all a

pply

Shi

a ju

rispr

uden

ce in

cas

es d

ealin

g w

ith p

erso

nal

mat

ters

invo

lvin

g th

e fo

llow

ers o

f the

Shi

a Se

ct in

acc

orda

nce

with

the

prov

isio

ns o

f the

law

. In

oth

er c

ases

as w

ell,

whe

re n

o pr

ovis

ions

of t

his C

onsti

tutio

n an

d ot

her

law

s app

ly a

nd b

oth

sides

of t

he c

ase

are

follo

wer

s of t

he S

hia

Sect

, co

urts

shal

l res

olve

the

case

acc

ordi

ng to

law

s of t

his S

ect.

Art

icle

149

Th

e pr

ovis

ions

of a

dher

ence

to th

e pr

ovis

ions

of t

he sa

cred

relig

ion

of

Isla

m a

nd th

e re

publ

ican

regi

me

cann

ot b

e am

ende

d.

Bang

lade

sh12

6 88

%

n/a

Yes

N

o A

rtic

le 2

Th

e sta

te re

li gio

n of

the

Repu

blic

is Is

lam

, but

oth

erre

ligio

ns m

ay b

e

12

5 AFG

. CO

NST

. (20

03).

126 B

AN

GL.

CO

NST

. (am

ende

d 19

96).

41

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

prac

ticed

in p

eace

and

har

mon

y in

the

Repu

blic

. A

rtic

le 8

(1

A) A

bsol

ute

trust

and

faith

in th

e A

lmig

hty

Alla

h sh

all b

e th

e ba

sis o

f al

l act

ions

. (2

) The

prin

cipl

es se

t out

in th

is P

art s

hall

be fu

ndam

enta

l to

the

gove

rnan

ce o

f Ban

glad

esh,

shal

l be

appl

ied

by th

e St

ate

in th

e m

akin

g of

law

s, sh

all b

e a

guid

e to

the

inte

rpre

tatio

n of

the

Con

stitu

tion

and

of

the

othe

r law

s of B

angl

ades

h, a

nd sh

all f

orm

the

basi

s of t

he w

ork

of th

e St

ate

and

of it

s citi

zens

, but

shal

l not

be

judi

cial

ly e

nfor

ceab

le.

Mal

dive

s127

100%

Is

lam

ic

Yes

Y

es

Art

icle

1

The

Mal

dive

s sha

ll be

a so

vere

ign,

inde

pend

ent,

dem

ocra

tic re

publ

ic

base

d on

the

prin

cipl

es o

f Isl

am…

A

rtic

le 7

Th

e re

ligio

n of

the

Stat

e of

the

Mal

dive

s sha

ll be

Isla

m.

Art

icle

16

(2) E

very

per

son

who

is c

harg

ed w

ith a

n of

fenc

e sh

all h

ave

the

right

to

defe

nd h

imse

lf in

acc

orda

nce

with

Sha

ri’ah

…

Art

icle

23

(1) P

rope

rty o

f per

sons

shal

l be

invi

olab

le. N

o pe

rson

shal

l be

depr

ived

of

his

prop

erty

exc

ept a

s pro

vide

d by

law

or S

hari’

ah.

Art

icle

38

The

Pres

iden

t sha

ll be

the

supr

eme

auth

ority

to p

ropa

gate

the

tene

ts o

f Is

lam

in th

e M

aldi

ves.12

8 A

rtic

le 4

3 Th

e po

wer

s of t

he P

resi

dent

shal

l be

exer

cise

d su

bjec

t to

Shar

i’ah

and

the

Con

stitu

tion.

Not

hing

shal

l be

done

in v

iola

tion

of S

hari’

ah o

r the

C

onst

itutio

n.

127 M

ALD

IVES

CO

NST

. (19

98).

128 A

ccor

ding

to A

rticl

e 15

6, “

Prop

agat

ion

of th

e te

nets

of I

slam

mea

ns th

e ad

min

istra

tion

of th

e fa

ith, b

elie

fs a

nd th

e do

ctrin

es o

f Isl

am a

nd th

e fa

cilit

atio

n of

the

prac

tice

of th

e sa

me.

”

42

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

Art

icle

156

In

this

Con

stitu

tion

the

wor

d ‘la

w’ a

lso

incl

udes

the

norm

s and

pr

ovis

ions

of S

hari’

ah e

stabl

ished

by

the

Nob

le Q

uran

and

the

tradi

tions

of

the

Nob

le P

roph

et, a

nd th

e ru

les d

eriv

ed th

eref

rom

. Pa

kista

n129

96%

Is

lam

ic

Yes

Y

es

Art

icle

1

(1) P

akis

tan

shal

l be

[a] F

eder

al R

epub

lic to

be

know

n as

the

Isla

mic

Re

publ

ic o

f Pak

ista

n, h

erei

nafte

r ref

erre

d to

as P

akis

tan.

A

rtic

le 2

Is

lam

shal

l be

the

Stat

e re

ligio

n of

Pak

ista

n A

rtic

le 3

1 (1

) Ste

ps sh

all b

e ta

ken

to e

nabl

e th

e M

uslim

s of P

akis

tan,

indi

vidu

ally

an

d co

llect

ivel

y, to

ord

er th

eir l

ives

in a

ccor

danc

e w

ith th

e fu

ndam

enta

l pr

inci

ples

and

bas

ic c

once

pts o

f Isl

am a

nd to

pro

vide

faci

litie

s whe

reby

th

ey m

ay b

e en

able

d to

und

ersta

nd th

e m

eani

ng o

f life

acc

ordi

ng to

the

Hol

y Q

uran

and

Sun

nah.

(2

) The

Sta

te sh

all e

ndea

vour

, as r

espe

cts t

he M

uslim

s of P

akis

tan,

—

(a) t

o m

ake

the

teac

hing

of t

he H

oly

Qur

an a

nd Is

lam

iat

com

puls

ory…

and

to se

cure

cor

rect

and

exa

ct p

rintin

g an

d pu

blis

hing

of

the

Hol

y Q

uran

; (b

) to

prom

ote

unity

and

the

obse

rvan

ce o

f the

Isla

mic

mor

al st

anda

rds;

…

A

rtic

le 2

03(C

) (1

) The

re sh

all b

e co

nstit

uted

for t

he p

urpo

ses o

f thi

s Cha

pter

a c

ourt

to

be c

alle

d th

e Fe

dera

l Sha

riat C

ourt.

(2

) The

Cou

rt sh

all c

onsi

st of

not

mor

e th

an e

ight

Mus

lim [J

udge

s],

incl

udin

g th

e [C

hief

Just

ice]

, to

be a

ppoi

nted

by

the

Pres

iden

t. A

rtic

le 2

03(D

) (1

) The

Cou

rt m

ay…

exam

ine

and

deci

ded

the

ques

tion

whe

ther

or n

ot

any

law

…is

repu

gnan

t to

the

Inju

nctio

ns o

f Isl

am, a

s lai

d do

wn

in th

e

129 P

AK

. CO

NST

. (am

ende

d 20

02).

43

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

Hol

y Q

uran

and

the

Sunn

ah o

f the

Hol

y Pr

ophe

t...

…

(3) I

f any

law

or p

rovi

sion

of l

aw is

hel

d by

the

Cou

rt to

be

repu

gnan

t to

the

inju

nctio

ns o

f Isl

am,—

(a

) the

Pre

side

nt…

or th

e C

oncu

rren

t Leg

isla

tive

List

, or t

he

Gov

erno

r…sh

all t

ake

step

s to

amen

d th

e la

w so

as t

o br

ing

such

law

or

prov

isio

n in

to c

onfo

rmity

with

the

Inju

nctio

ns o

f Isl

am; a

nd

(b) s

uch

law

or p

rovi

sion

shal

l, to

the

exte

nt to

whi

ch it

is h

eld

to b

e so

re

pugn

ant,

case

[sic

] to

have

eff

ect o

n th

e da

y on

whi

ch th

e de

cisi

on o

f th

e C

ourt

take

s effe

ct.

Art

icle

227

A

ll ex

istin

g la

ws s

hall

be b

roug

ht in

con

form

ity w

ith th

e In

junc

tions

of

Isla

m a

s lai

d do

wn

in th

e H

oly

Qur

an a

nd S

unna

h, in

this

Part

refe

rred

to

as t

he In

junc

tions

of I

slam

, and

no

law

shal

l be

enac

ted

whi

ch is

re

pugn

ant t

o su

ch In

junc

tions

…

(3

) Not

hing

in th

is Pa

rt sh

all a

ffect

the

pers

onal

law

s of n

on-M

uslim

ci

tizen

s or t

heir

statu

s as c

itize

ns.

Art

icle

228

(1

) The

re sh

all b

e, c

onsti

tute

d…a

Cou

ncil

of Is

lam

ic Id

eolo

gy, i

n th

is

part

refe

rred

to a

s the

Isla

mic

Cou

ncil.

(2

) The

Isla

mic

Cou

ncil

shal

l con

sist

of su

ch m

embe

rs…

as th

e Pr

esid

ent

may

app

oint

from

am

ongs

t per

sons

hav

ing

know

ledg

e of

the

prin

cipl

es

and

philo

soph

y of

Isla

m a

s enu

ncia

ted

in th

e H

oly

Qur

an a

nd S

unna

h, o

r un

ders

tand

ing

of th

e ec

onom

ic, p

oliti

cal,

lega

l or a

dmin

istra

tive

prob

lem

s of P

akis

tan.

A

rtic

le 2

29

The

Pres

iden

t or t

he G

over

nor o

f a P

rovi

nce

may

, or i

f tw

o-fif

ths o

f its

to

tal m

embe

rshi

p so

requ

ires,

a H

ouse

or a

Pro

vinc

ial A

ssem

bly

shal

l, re

fer t

o th

e Is

lam

ic c

ounc

il fo

r adv

ice

any

ques

tion

as to

whe

ther

a

prop

osed

law

is o

r is n

ot re

pugn

ant t

o th

e In

junc

tions

of I

slam

. A

rtic

le 2

30

(1) T

he fu

nctio

ns o

f the

Isla

mic

Cou

ncil

shal

l be—

44

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

(a) t

o m

ake

reco

mm

enda

tions

to [M

ajlis

-e-S

hoor

a (P

arlia

men

t)] a

nd th

e Pr

ovin

cial

Ass

embl

ies a

s to

the

way

s and

mea

ns o

f ena

blin

g an

d en

cour

agin

g th

e M

uslim

s of P

akis

tan

to o

rder

thei

r liv

es in

divi

dual

ly

and

colle

ctiv

ely

in a

ll re

spec

ts in

acc

orda

nce

with

the

prin

cipl

es a

nd

conc

epts

of I

slam

as e

nunc

iate

d in

the

Hol

y Q

uran

and

Sun

nah;

(b

) to

advi

ce [s

ic] a

Hou

se, a

Pro

vinc

ial A

ssem

bly,

the

Pres

iden

t or a

G

over

nor o

n an

y qu

estio

n re

ferr

ed to

the

Cou

ncil

as to

whe

ther

a

prop

osed

law

is o

r is n

ot re

pugn

ant t

o th

e In

junc

tions

of I

slam

; (c

) to

mak

e re

com

men

datio

ns a

s to

the

mea

sure

s for

brin

ging

exi

stin

g la

ws i

nto

conf

orm

ity w

ith th

e In

junc

tions

of I

slam

and

the

stage

s by

whi

ch su

ch m

easu

res s

houl

d be

bro

ught

into

effe

ct; a

nd

(d) t

o co

mpi

le in

a su

itabl

e fo

rm, f

or th

e gu

idan

ce o

f [th

e M

ajlis

-e-

Shoo

ra] a

nd th

e Pr

ovin

cial

Ass

embl

ies,

such

Inju

nctio

ns o

f Isl

am a

s can

be

giv

en le

gisla

tive

effe

ct.

45

East

Asia

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

Brun

ei13

0 67

%

Isla

mic

131

Yes

N

o A

rtic

le 3

(1

) The

relig

ion

of B

rune

i Dar

ussa

lam

shal

l be

the

Mus

lim R

elig

ion

acco

rdin

g th

e Sh

afei

te se

ct o

f tha

t rel

igio

n. P

rovi

ded

that

all

othe

r re

ligio

ns m

ay b

e pr

actic

ed in

pea

ce a

nd h

arm

ony

by th

e pe

rson

pro

fess

ing

them

in a

ny p

art o

f Bru

nei D

arus

sala

m.

(2) T

he H

ead

of th

e re

ligio

n of

Bru

nei D

arus

sala

m sh

all b

e H

is M

ajes

ty

the

Sulta

n an

d Y

ang

Di-P

ertu

an [“

Supr

eme

Rule

r”].

Indo

nesi

a132

87%

n/

a N

o N

o A

rtic

le 2

9 (1

) The

Sta

te sh

all b

e ba

sed

upon

the

belie

f in

the

One

and

Onl

y G

od.

Mal

aysi

a133

60.4

%

n/a

Yes

In

cer

tain

m

atte

rs.

Art

icle

3

(1) I

slam

is th

e rel

igio

n of

the

Fede

ratio

n; b

ut o

ther

relig

ions

may

be

prac

tised

in p

eace

and

har

mon

y in

any

par

t of t

he F

eder

atio

n.

…

(4) N

othi

ng in

this

Arti

cle

dero

gate

s fro

m a

ny o

ther

pro

visi

on o

f thi

s C

onst

itutio

n.

NIN

TH

SC

HE

DU

LE

Le

gisl

ativ

e Li

sts13

4 Li

st II

—St

ate

List

1.

Exc

ept w

ith re

spec

t to

the

Fede

ral T

errit

orie

s of K

uala

Lum

pur a

nd

Labu

an, I

slam

ic la

w a

nd p

erso

nal a

nd fa

mily

law

of p

erso

ns p

rofe

ssin

g th

e re

ligio

n of

Isla

m, i

nclu

ding

the

Isla

mic

law

rela

ting

to su

cces

sion

, tes

tate

an

d in

testa

te, b

etro

thal

, mar

riage

, div

orce

, dow

er, m

aint

enan

ce, a

dopt

ion,

13

0 BR

UN

EI D

AR

USS

ALA

M C

ON

STIT

UTI

ON

(rev

ised

198

4). A

lthou

gh so

me

prov

isio

ns w

ere

susp

ende

d un

der a

Sta

te o

f Em

erge

ncy

in D

ecem

ber 1

962

and

othe

rs si

nce

inde

pend

ence

on

Janu

ary

1, 1

984,

the

gove

rnm

ent m

aint

ains

that

the

cons

titut

ion

rem

ains

the

supr

eme

law

. 13

1 Bru

nei d

efin

es it

self

as a

n Is

lam

ic st

ate

that

“ho

nors

eve

ryth

ing

whi

ch e

mbo

dies

Isla

m in

a m

oder

ate

way

.” T

he N

atio

nal P

hilo

soph

y of

Mel

ayu

Isla

m

Bera

ja (M

IB),

or M

alay

Isla

mic

Mon

arch

y, is

the

natio

n's “

form

al g

uidi

ng li

ght”

and

repr

esen

ts a

blen

d of

Mal

ay c

ultu

re, t

he te

achi

ng o

f Isl

amic

law

s an

d va

lues

and

the

mon

arch

y sy

stem

. Acc

ordi

ng to

Bru

nei’s

gov

ernm

ent,

since

Isla

m is

tole

rant

of a

ll re

ligio

ns, “

the

MIB

phi

loso

phy

cann

ot b

e vi

ewed

as

a fo

rce

whi

ch st

ifles

the

prac

tice

of o

ther

relig

ions

.” It

is e

xpec

ted

that

MIB

“be

est

eem

ed a

nd p

ract

iced

by

all.”

MIB

, at

http

://ww

w.br

unei

.gov

.bn/

gove

rnm

ent/m

ib.h

tm.

132 IN

DO

N. C

ON

ST. (

amen

ded

2002

). 13

3 MA

LAY

. CO

NST

. (am

ende

d 19

94).

134 T

his s

ectio

n se

ts o

ut th

e di

visi

on o

f leg

isla

tive

pow

ers b

etw

een

the

fede

ral a

nd st

ate

gove

rnm

ents

in M

alay

sia.

Sha

ria c

ourts

are

regu

late

d on

the

state

le

vel.

46

legi

timac

y, g

uard

ians

hip,

gift

s, pa

rtitio

ns a

nd n

on-c

harit

able

trus

ts;

Wak

afs a

nd th

e de

finiti

on a

nd re

gula

tion

of c

harit

able

and

relig

ious

trus

ts,

the

appo

intm

ent o

f tru

stee

s and

the

inco

rpor

atio

n of

per

sons

in re

spec

t of

Isla

mic

relig

ious

and

cha

ritab

le e

ndow

men

ts, in

stitu

tions

, tru

sts,

char

ities

an

d ch

arita

ble

insti

tutio

ns o

pera

ting

who

lly w

ithin

the

Stat

e; M

alay

cu

stom

s; Z

akat

, Fitr

ah a

nd B

aitu

lmal

or s

imila

r Isla

mic

relig

ious

reve

nue;

m

osqu

es o

r any

Isla

mic

pub

lic p

lace

s of w

orsh

ip, c

reat

ion

and

puni

shm

ent

of o

ffenc

es b

y pe

rson

s pro

fess

ing

the

relig

ion

of Is

lam

aga

inst

pre

cept

s of

that

relig

ion,

exc

ept i

n re

gard

to m

atte

rs in

clud

ed in

the

Fede

ral L

ist;

the

cons

titut

ion,

org

anis

atio

n an

d pr

oced

ure

of S

yaria

h [s

haria

] cou

rts, w

hich

sh

all h

ave

juris

dict

ion

only

ove

r per

sons

pro

fess

ing

the

relig

ion

of Is

lam

an

d in

resp

ect o

nly

of a

ny o

f the

mat

ters

incl

uded

in th

is p

arag

raph

, but

sh

all n

ot h

ave

juris

dict

ion

in re

spec

t of o

ffenc

es e

xcep

t in

so fa

r as

conf

erre

d by

fede

ral l

aw, t

he c

ontro

l of p

ropa

gatin

g do

ctrin

es a

nd b

elie

fs

amon

g pe

rson

s pro

fess

ing

the

relig

ion

of Is

lam

; the

det

erm

inat

ion

of

mat

ters

of I

slam

ic la

w a

nd d

octri

ne a

nd M

alay

cus

tom

.

47

Afr

ica

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

Burk

ina

Faso

135

60%

Se

cula

r N

o N

o A

rtic

le 3

1 Bu

rkin

a Fa

so is

a d

emoc

ratic

, uni

tary

and

secu

lar S

tate

. C

had13

6 54

%

Secu

lar

No

No

Art

icle

1

Cha

d is

a R

epub

lic, s

over

eign

, ind

epen

dent

, sec

ular

, soc

ial,

one

and

indi

visi

ble,

foun

ded

on th

e pr

inci

ples

of d

emoc

racy

, the

rule

[règ

ne] o

f law

an

d ju

stice

. Th

e se

para

tion

betw

een

Stat

e an

d re

ligio

ns is

affi

rmed

. C

omor

os13

7 99

%

n/a

No

No

Prea

mbl

e Th

e C

omor

ian

peop

le so

lem

nly

affir

m th

eir w

ill to

: dr

aw fr

om Is

lam

the

perm

anen

t ins

pira

tion

for t

he p

rinci

ples

and

rule

s tha

t sh

all g

over

n th

e un

ion…

Th

is pr

eam

ble

form

s an

inte

gral

par

t of t

he C

onsti

tutio

n.

Art

icle

9

The

Uni

on w

ill h

ave

excl

usiv

e ju

risdi

ctio

n in

the

follo

win

g m

atte

rs:

relig

ion,

nat

iona

lity,

cur

renc

y, fo

reig

n re

latio

ns, e

xter

nal d

efen

se, a

nd

natio

nal s

ymbo

ls.

Art

icle

36

…th

e C

ounc

il of

the

Ule

mas

and

the

Econ

omic

and

Soc

ial C

ounc

il sh

all

assi

st a

s nee

ded,

the

gove

rnm

ent o

f the

Uni

on…

in fo

rmul

atin

g de

cisi

ons

that

affe

ct th

e re

ligio

us, e

cono

mic

and

soci

al li

fe o

f the

cou

ntry

. D

jibou

ti138

99%

n/

a N

o N

o A

rtic

le 1

Th

e St

ate

of D

jibou

ti sh

all b

e a

dem

ocra

tic so

vere

ign

Repu

blic

, one

and

in

divi

sibl

e. It

shal

l ens

ure

the

equa

lity

of a

ll ci

tizen

s bef

ore

the

law

, w

ithou

t dis

tinct

ion

as to

orig

in, r

ace,

sex

or re

ligio

n. It

shal

l res

pect

all

belie

fs.

135 B

UR

K. F

ASO

CO

NST

. (am

ende

d 19

97).

136 C

HA

D C

ON

ST. (

1996

). 13

7 CO

MO

RO

S C

ON

ST. (

adop

ted

by re

fere

ndum

200

1). T

rans

late

d fr

om th

e Fr

ench

by

USC

IRF.

Orig

inal

Fre

nch

vers

ion

avai

labl

e at

ht

tp://

www.

accp

uf.o

rg/c

om/c

onsti

t.htm

and

http

://po

rtai

l.dro

it.fr

anco

phon

ie.o

rg/d

oc/h

tml/k

m/c

on/2

001d

fkm

co1.

htm

l. A

ccor

ding

to th

e St

ate

Dep

artm

ent,

as o

f Mar

ch 2

004

the

Nat

iona

l Ass

embl

y is

task

ed w

ith fi

naliz

ing

a ne

w c

onst

itutio

n fo

r the

Uni

on. A

new

gov

ernm

ent w

as a

ppoi

nted

in

July

200

4.

138 D

JIB

. CO

NST

. (19

92).

48

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

Gam

bia13

9 95

%

n/a

No

In c

erta

in

mat

ters

A

rtic

le 7

In

add

ition

to th

is C

onsti

tutio

n, th

e la

ws o

f The

Gam

bia

cons

ist o

f—

…

(f) th

e Sh

aria

as r

egar

ds m

atte

rs o

f mar

riage

, div

orce

and

inhe

ritan

ce

amon

g m

embe

rs o

f the

com

mun

ities

to w

hich

it a

pplie

s. A

rtic

le 1

00

(2) T

he N

atio

nal A

ssem

bly

shal

l hav

e no

pow

er to

pas

s a B

ill—

…

(b

) to

esta

blis

h an

y re

ligio

n as

a st

ate

relig

ion;

…

A

rtic

le 1

37

(1) A

Cad

i Cou

rt sh

all b

e es

tabl

ishe

d in

such

pla

ces i

n Th

e G

ambi

a as

the

Chi

ef Ju

stic

e sh

all d

eter

min

e.

…

(4) T

he C

adi C

ourt

shal

l onl

y ha

ve ju

risdi

ctio

n to

app

ly th

e Sh

aria

in

mat

ters

of m

arria

ge, d

ivor

ce a

nd in

herit

ance

whe

re th

e pa

rties

or o

ther

pe

rson

s int

eres

ted

are

Mus

lims.

Gui

nea14

0 85

%

Secu

lar

No

No

Art

icle

1

Gui

nea

is a

uni

tary

, ind

ivis

ible

, sec

ular

, dem

ocra

tic a

nd so

cial

Rep

ublic

. It

shal

l ass

ure

equa

lity

befo

re th

e la

w fo

r all

citiz

ens,

with

out d

istin

ctio

n of

or

igin

, rac

e, e

thni

city

, sex

, rel

igio

n an

d op

inio

n. It

shal

l res

pect

all

belie

fs.

Mal

i141

90%

Se

cula

r N

o N

o A

rtic

le 2

5 M

ali i

s an

inde

pend

ent,

sove

reig

n, in

divi

sibl

e, d

emoc

ratic

, sec

ular

and

so

cial

Rep

ublic

. Its

prin

cipl

e is

gov

ernm

ent o

f the

Peo

ple,

by

the

Peop

le

and

for t

he P

eopl

e.

Mau

ritan

ia14

2 10

0%

Isla

mic

Y

es

No

Art

icle

1

Mau

ritan

ia is

an

indi

visi

ble,

dem

ocra

tic a

nd so

cial

Isla

mic

Rep

ublic

. A

rtic

le 5

Is

lam

shal

l be

the

relig

ion

of th

e pe

ople

and

of t

he S

tate

.

139 G

AM

. CO

NST

. 14

0 GU

INEA

CO

NST

. 14

1 MA

LI C

ON

ST. (

Dec

ree

92-0

73 o

f Feb

ruar

y 25

, 199

2, c

once

rnin

g pr

omul

gatio

n of

the

cons

titut

ion)

. 14

2 MA

UR

ITA

NIA

CO

NST

.

49

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

Art

icle

94

Ther

e sh

all b

e in

stitu

ted

next

to th

e Pr

esid

ent o

f the

Rep

ublic

a H

igh

Isla

mic

Cou

ncil

com

pose

d of

five

(5) m

embe

rs.

…

It sh

all f

orm

ulat

e op

inio

ns c

once

rnin

g th

e qu

estio

ns a

bout

whi

ch it

has

be

en c

onsu

lted

by th

e Pr

esid

ent o

f the

Rep

ublic

. N

iger

143

90%

n/

a N

o N

o A

rtic

le 4

Th

e Re

publ

ic o

f Nig

er is

one

and

indi

visi

ble,

dem

ocra

tic a

nd so

cial

. Its

fund

amen

tal p

rinci

ples

are

: •

…

• th

e se

para

tion

of th

e St

ate

and

of re

ligio

n.

A

rtic

le 8

Th

e Re

publ

ic o

f Nig

er is

a S

tate

of L

aw (É

tat d

e dr

oit).

The

Rep

ublic

shal

l as

sure

to a

ll th

e eq

ualit

y be

fore

the

law

with

out d

istin

ctio

n of

sex,

of s

ocia

l, et

hnic

or r

elig

ious

orig

in. T

he R

epub

lic sh

all r

espe

ct a

nd p

rote

ct a

ll fa

iths.

No

relig

ion

[nor

] bel

ief s

hall

assu

me…

polit

ical

pow

er n

or in

terf

ere

in th

e af

fairs

of t

he S

tate

. A

rtic

le 1

36

…

The

repu

blic

an fo

rm o

f the

Sta

te, m

ultip

artis

m, t

he p

rinci

ple

of se

para

tion

of S

tate

and

relig

ion

and

the

prov

isio

ns o

f arti

cles

36

and

141

of th

is

Con

stitu

tion

cann

ot b

e th

e ob

ject

of a

n am

endm

ent.

Sene

gal14

4 94

%

Secu

lar

No

No

Art

icle

1

The

Repu

blic

of S

eneg

al is

secu

lar,

dem

ocra

tic, a

nd so

cial

. It a

ssur

es th

e eq

ualit

y be

fore

the

law

of a

ll ci

tizen

s, w

ithou

t dist

inct

ion

of o

rigin

, rac

e,

sex

(or)

relig

ion.

It re

spec

ts a

ll fa

iths.

Si

erra

Le

one14

5 60

%

n/a

No

No

Art

icle

5

(1) T

he R

epub

lic o

f Sie

rra

Leon

e sh

all b

e a

Stat

e ba

sed

on th

e pr

inci

ples

of

Free

dom

, Dem

ocra

cy a

nd Ju

stice

.

143 N

IGER

CO

NST

. 14

4 SEN

. CO

NST

. 14

5 SIE

RR

A L

EON

E C

ON

ST. (

as a

men

ded

to 1

991)

.

50

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

Art

icle

6

(2) …

the

Stat

e sh

all p

rom

ote

natio

nal i

nteg

ratio

n an

d un

ity a

nd d

isco

urag

e di

scrim

inat

ion

on th

e gr

ound

s of p

lace

of o

rigin

, circ

umsta

nce

of b

irth,

sex,

re

ligio

n, st

atus

, eth

nic

or li

ngui

stic

asso

ciat

ion

or ti

es.

Som

alia

99

%

A

new

adm

inis

tratio

n fo

r Som

alia

was

rece

ntly

est

ablis

hed

but t

he c

ount

ry

rem

ains

with

out a

reco

gniz

ed c

onst

itutio

n.14

6 Su

dan14

7 65

-75%

n/

a N

o Y

es

Art

icle

1

…Is

lam

is th

e re

ligio

n of

the

maj

ority

of t

he p

opul

atio

n. C

hrist

iani

ty a

nd

cust

omar

y cr

eeds

hav

e co

nsid

erab

le fo

llow

ers.

Art

icle

4

Supr

emac

y in

the

Stat

e is

to G

od th

e cr

eato

r of h

uman

bei

ngs,

and

sove

reig

nty

is to

the

vice

gere

nt p

eopl

e of

the

Suda

n w

ho p

ract

ice

it as

w

orsh

ip o

f God

, bea

ring

the

trust,

bui

ldin

g up

the

coun

try a

nd sp

read

ing

just

ice,

free

dom

and

pub

lic c

onsu

ltatio

n. T

he C

onsti

tutio

n an

d th

e la

w sh

all

regu

late

the

sam

e.

Art

icle

18

Thos

e in

serv

ice

in th

e St

ate

and

publ

ic li

fe sh

all e

nvis

age

the

dedi

catio

n th

ereo

f for

the

wor

ship

of G

od, w

here

in M

uslim

s stic

k to

the

scrip

ture

and

tra

ditio

n, a

nd a

ll sh

all m

aint

ain

relig

ious

mot

ivat

ion

and

give

due

rega

rd to

su

ch sp

irit i

n pl

ans,

law

s, po

licie

s and

offi

cial

bus

ines

s in

the

polit

ical

ec

onom

ic, s

ocia

l and

cul

tura

l fie

lds i

n or

der t

o pr

ompt

pub

lic li

fe to

war

ds

its o

bjec

tives

, and

adj

ust t

hem

tow

ards

just

ice

and

up-r

ight

ness

to b

e di

rect

ed to

war

ds th

e gr

ace

of G

od in

The

Her

eafte

r. A

rtic

le 6

5 Is

lam

ic la

w a

nd th

e co

nsen

sus o

f the

nat

ion,

by

refe

rend

um, C

onst

itutio

n an

d cu

stom

shal

l be

the

sour

ces o

f leg

isla

tion;

and

no

legi

slatio

n in

146 T

he T

rans

ition

al N

atio

nal G

over

nmen

t (TN

G),

esta

blish

ed in

Aug

ust 2

000,

had

a th

ree-

year

man

date

to d

raft

a ne

w c

onst

itutio

n an

d ho

ld e

lect

ions

. Th

e TN

G fa

iled

to a

ccom

plish

this

goa

l, bu

t the

pro

cess

is o

ngoi

ng.

In O

ctob

er 2

004,

Abd

ulla

hi Y

usuf

Ahm

ed w

as sw

orn

in a

s Som

alia

’s n

ew

pres

iden

t in

Ken

ya. H

owev

er, s

ecur

ity c

once

rns h

ave

kept

Yus

uf a

nd th

e ne

w p

arlia

men

t in

Nai

robi

. O

ther

gov

erni

ng b

odie

s con

tinue

to c

ontro

l var

ious

ci

ties a

nd re

gion

s of S

omal

ia, i

nclu

ding

Som

alila

nd, P

untla

nd, a

nd tr

aditi

onal

cla

n an

d fa

ctio

n str

ongh

olds

. Th

e ne

gotia

tions

that

allo

wed

a n

ew

adm

inist

ratio

n to

be

esta

blish

ed fo

r Som

alia

hav

e be

en c

ondu

cted

und

er th

e au

spic

es o

f the

Inte

r Gov

ernm

enta

l Aut

horit

y on

Dev

elop

men

t, a

regi

onal

bo

dy c

ompr

isin

g K

enya

, Uga

nda,

Sud

an, S

omal

ia, E

thio

pia,

Erit

rea,

and

Djib

outi.

14

7 SU

DA

N C

ON

ST.

51

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

C

onst

itutio

nal F

orm

ulat

ion

cont

rave

ntio

n w

ith th

ese

fund

amen

tals

shal

l be

mad

e; h

owev

er, t

he

legi

slat

ion

shal

l be

guid

ed b

y th

e na

tion’

s pub

lic o

pini

on, t

he le

arne

d op

inio

n of

scho

lars

and

thin

kers

, and

then

by

the

deci

sion

of t

hose

in

char

ge o

f pub

lic a

ffairs

. A

rtic

le 1

39

(3) [

No

cons

titut

iona

l am

endm

ent]

shal

l…co

me

into

forc

e w

here

it a

men

ds

the

prov

isio

ns o

f the

bas

ic fu

ndam

enta

ls, s

ave

afte

r the

sam

e is

als

o pa

ssed

by

the

peop

le in

a re

fere

ndum

and

sign

ed b

y th

e Pr

esid

ent o

f the

Rep

ublic

. Th

e ba

sic

prov

isio

ns a

nd fu

ndam

enta

ls a

re:—

(a

) Isla

mic

law

and

the

legi

slativ

e co

nsen

sus o

f the

peo

ple

by th

e re

fere

ndum

, the

Con

stitu

tion

or c

usto

m a

re th

e pr

eval

ent s

ourc

es o

f law

; (b

) the

hum

an b

eing

has

the

free

dom

of c

reed

and

wor

ship

, and

the

citiz

en h

as th

e fre

edom

of e

xpre

ssio

n an

d th

e or

gani

zatio

n of

pol

itica

l as

soci

atio

n, in

acc

orda

nce

with

the

prov

isio

ns se

t out

in th

is C

onst

itutio

n;

…

52

Euro

pe/E

uras

ia

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

Con

stitu

tiona

l For

mul

atio

n

Alb

ania

148

65-7

0%

n/a

No

No

Art

icle

3

The

inde

pend

ence

of t

he S

tate

and

the

inte

grity

of i

ts te

rrito

ry, d

igni

ty o

f th

e in

divi

dual

, hum

an ri

ghts

and

free

dom

s, so

cial

just

ice,

con

stitu

tiona

l or

der,

plur

alis

m, n

atio

nal i

dent

ity a

nd in

herit

ance

, rel

igio

us c

oexi

sten

ce, a

s w

ell a

s coe

xist

ence

with

, and

und

erst

andi

ng o

f Alb

ania

ns fo

r, m

inor

ities

ar

e th

e ba

ses o

f thi

s Sta

te, w

hich

has

the

duty

of r

espe

ctin

g an

d pr

otec

ting

them

. A

rtic

le 1

0 1.

In th

e Re

publ

ic o

f Alb

ania

ther

e is

no o

ffici

al re

ligio

n.

2. T

he S

tate

is n

eutra

l in

ques

tions

of b

elie

f and

con

scie

nce,

and

als

o, it

gu

aran

tees

the

free

dom

of t

heir

expr

essi

on in

pub

lic li

fe.

3. T

he S

tate

reco

gniz

es th

e eq

ualit

y of

relig

ious

com

mun

ities

. 4.

The

Sta

te a

nd th

e rel

igio

us c

omm

uniti

es m

utua

lly re

spec

t the

in

depe

nden

ce o

f one

ano

ther

and

wor

k to

geth

er fo

r the

goo

d of

eac

h of

th

em a

nd fo

r all.

5.

Rel

atio

ns b

etw

een

the

Stat

e an

d re

ligio

us c

omm

uniti

es a

re re

gula

ted

on

the

basi

s of a

gree

men

ts en

tere

d in

to b

etw

een

thei

r rep

rese

ntat

ives

and

the

Cou

ncil

of M

inis

ters

. The

se a

gree

men

ts a

re ra

tifie

d by

the

Ass

embl

y.

6. R

elig

ious

com

mun

ities

are

jurid

ical

per

sons

. The

y ha

ve in

depe

nden

ce in

th

e ad

min

istra

tion

of th

eir p

rope

rties

acc

ordi

ng to

thei

r prin

cipl

es, r

ules

an

d ca

nons

, to

the

exte

nt th

at in

tere

sts o

f thi

rd p

artie

s are

not

infri

nged

. A

zerb

aija

n149

96%

Se

cula

r N

o N

o A

rtic

le 7

I.

The

Aze

rbai

jan

Stat

e is

a d

emoc

ratic

, law

-gov

erne

d, se

cula

r, un

itary

re

publ

ic.

Art

icle

18

I. In

the

Aze

rbai

jan

Repu

blic

relig

ion

is se

para

ted

from

the

Stat

e. A

ll re

ligio

ns a

re e

qual

by

law

. II

. The

spre

ad a

nd p

ropa

gand

a of

relig

ions

whi

ch h

umili

ate

hum

an d

igni

ty

and

cont

radi

ct th

e pr

inci

ples

of h

uman

ity a

re b

anne

d.

III.

The

Stat

e ed

ucat

ion

syst

em is

of s

ecul

ar c

hara

cter

.

148 A

LB. C

ON

ST.

149 A

ZER

. CO

NST

. (as

am

ende

d to

200

2).

53

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

Con

stitu

tiona

l For

mul

atio

n

Kyr

gyzs

tan15

0 80

%

Secu

lar

No

No

Art

icle

1

1. T

he K

yrgy

z Re

publ

ic (K

yrgy

zsta

n) is

a so

vere

ign,

uni

tary

, dem

ocra

tic

repu

blic

cre

ated

on

the

basi

s of a

law

-gov

erne

d se

cula

r sta

te.

Art

icle

8

3. R

elig

ion

and

all c

ults

are

sepa

rate

from

the

state

. 4.

In th

e K

yrgy

z Re

publ

ic th

e fo

llow

ing

is no

t per

mitt

ed:

… •

Org

aniz

atio

n of

pol

itica

l par

ties o

n re

ligio

us a

nd e

thni

c gr

ound

s. Re

ligio

us o

rgan

izat

ions

mus

t not

pur

sue

polit

ical

aim

s and

task

s •

Inte

rfer

ence

by

mem

bers

of r

elig

ious

org

aniz

atio

ns a

nd c

ults

with

the

activ

ity o

f sta

te o

rgan

s;

• A

ctiv

ity o

f for

eign

pol

itica

l par

ties,

publ

ic a

ssoc

iatio

ns, r

elig

ious

and

ot

her o

rgan

izat

ions

det

rimen

tal t

o th

e co

nstit

utio

nal s

yste

m, s

tate

and

na

tiona

l sec

urity

. Ta

jikis

tan15

1 95

%

Secu

lar

No

No

Art

icle

1

The

Repu

blic

of T

ajik

istan

is a

sove

reig

n, d

emoc

ratic

, law

-gov

erne

d,

secu

lar,

and

unita

ry S

tate

. A

rtic

le 8

: …

N

o si

ngle

ideo

logy

of a

par

ty, s

ocia

l ass

ocia

tion,

relig

ious

org

aniz

atio

n,

mov

emen

t, or

gro

up m

ay b

e re

cogn

ized

as t

he S

tate

[ide

olog

y].

…

Relig

ious

org

aniz

atio

ns a

re se

para

te fr

om th

e St

ate

and

may

not

inte

rfer

e w

ith S

tate

affa

irs.

Art

icle

100

Th

e re

publ

ican

form

of g

over

nmen

t, th

e te

rrito

rial i

nteg

rity,

the

dem

ocra

tic, l

aw-g

over

ned,

secu

lar,

and

soci

al n

atur

e of

the

Stat

e ar

e un

chan

geab

le.

150 K

YR

G. C

ON

ST. (

as a

men

ded

to 2

003)

. 15

1 TA

J. C

ON

ST. (

as a

men

ded

to 2

003)

.

54

Cou

ntry

%

M

uslim

Is

lam

ic o

r Se

cula

r St

ate?

Isla

m

Stat

e R

elig

ion?

Isla

mic

Law

So

urce

of

Legi

slat

ion?

Con

stitu

tiona

l For

mul

atio

n

Turk

ey15

2 99

%

Secu

lar

No

No

Art

icle

2

The

Repu

blic

of T

urke

y is

a d

emoc

ratic

, lai

c an

d so

cial

stat

e go

vern

ed b

y th

e ru

le o

f law

...

Art

icle

174

N

o pr

ovis

ion

of th

e C

onsti

tutio

n ca

n be

con

stru

ed o

r int

erpr

eted

as

rend

erin

g un

cons

titut

iona

l the

Ref

orm

Law

s…w

hich

aim

…to

safe

guar

d th

e la

ic c

hara

cter

of t

he R

epub

lic, a

nd w

hich

wer

e in

forc

e on

the

date

of

the

adop

tion

by re

fere

ndum

of t

he C

onsti

tutio

n of

Tur

key.

Tu

rkm

enis

tan

153

89%

Se

cula

r N

o N

o A

rtic

le 1

Tu

rkm

enis

tan

is a

dem

ocra

tic, l

aw-g

over

ned

and

secu

lar S

tate

, in

whi

ch

the

Stat

e ad

min

istra

tion

is im

plem

ente

d in

the

form

of a

pre

siden

tial

repu

blic

. U

zbek

ista

n154

88%

n/

a N

o N

o A

rtic

le 6

1 Re

ligio

us o

rgan

izat

ions

and

ass

ocia

tions

shal

l be

sepa

rate

d fro

m th

e sta

te

and

equa

l bef

ore

law

. The

stat

e sh

all n

ot in

terf

ere

with

the

activ

ity o

f re

ligio

us a

ssoc

iatio

ns.

152 T

UR

K. C

ON

ST. (

as a

men

ded

to 2

002)

. 15

3 TU

RK

M. C

ON

ST. (

as a

men

ded

to 2

003)

. 15

4 UZB

. CO

NST

.

55

B. T

able

II: T

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Con

stitu

tiona

l Pro

visio

ns (B

y R

egio

n)

M

iddl

e Ea

st/N

orth

Afr

ica

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Stat

us15

5 C

onst

itutio

nal P

rovi

sion

s fo

r the

Rig

ht to

Fre

edom

of R

elig

ion

or B

elie

f

Alg

eria

Y

es

Sep.

12,

19

89

Art

icle

36

Th

e fr

eedo

m o

f con

scie

nce

and

the

freed

om o

f opi

nion

are

invi

olab

le.

Bahr

ain

Yes

N

ot a

Sta

te

Party

A

rtic

le 2

2 Fr

eedo

m o

f con

scie

nce

is a

bsol

ute.

The

Sta

te g

uara

ntee

s the

invi

olab

ility

of w

orsh

ip, a

nd th

e fr

eedo

m to

pe

rfor

m re

ligio

us ri

tes a

nd h

old

relig

ious

par

ades

and

mee

tings

in a

ccor

danc

e w

ith th

e cu

stom

s obs

erve

d in

the

coun

try.

Egyp

t Y

es

Jan.

14,

19

8215

6 A

rtic

le 4

6 Th

e St

ate

shal

l gua

rant

ee th

e fre

edom

of b

elie

f and

the

free

dom

of p

ract

ice

of re

ligio

us ri

tes.

Iran

Y

es

Jun.

24,

197

5 A

rtic

le 1

2 Th

e of

ficia

l rel

igio

n of

Iran

is Is

lam

and

the

Twel

ver J

a’fa

rî sc

hool

[in

usūl

al-D

în a

nd fi

qh],

and

this

prin

cipl

e w

ill re

mai

n et

erna

lly im

mut

able

. Oth

er Is

lam

ic sc

hool

s, in

clud

ing

the

Han

afî,

Shāf

i’î, M

ālik

î, H

anba

lî, a

nd Z

aydî

, are

to b

e ac

cord

ed fu

ll re

spec

t, an

d th

eir f

ollo

wer

s are

free

to a

ct in

acc

orda

nce

with

th

eir o

wn

juris

prud

ence

in p

erfo

rmin

g th

eir r

elig

ious

rite

s. Th

ese

scho

ols e

njoy

offi

cial

stat

us in

mat

ters

pe

rtain

ing

to re

ligio

us e

duca

tion,

affa

irs o

f per

sona

l sta

tus (

mar

riage

, div

orce

, inh

erita

nce,

and

will

s)

and

rela

ted

litig

atio

n in

cou

rts o

f law

. In

regi

ons o

f the

cou

ntry

whe

re M

uslim

s fol

low

ing

any

one

of

thes

e sc

hool

s of f

iqh

cons

titut

e th

e m

ajor

ity, l

ocal

regu

latio

ns, w

ithin

the

boun

ds o

f the

juris

dict

ion

of

loca

l cou

ncils

, are

to b

e in

acc

orda

nce

with

the

resp

ectiv

e sc

hool

of f

iqh,

with

out i

nfrin

ging

upo

n th

e rig

hts o

f the

follo

wer

s of o

ther

scho

ols.

Art

icle

13

Zoro

astri

an, J

ewis

h, a

nd C

hris

tian

Irani

ans a

re th

e on

ly re

cogn

ized

relig

ious

min

oriti

es, w

ho, w

ithin

the

limits

of t

he la

w, a

re fr

ee to

per

form

thei

r rel

igio

us ri

tes a

nd c

erem

onie

s, an

d to

act

acc

ordi

ng to

thei

r ow

n ca

non

in m

atte

rs o

f per

sona

l affa

irs a

nd re

ligio

us e

duca

tion.

A

rtic

le 1

4

155 R

atifi

catio

n da

tes f

or th

e In

tern

atio

nal C

oven

ant o

n C

ivil

and

Polit

ical

Rig

hts a

ccor

ding

to th

e U

nite

d N

atio

ns T

reat

y C

olle

ctio

n, M

ultil

ater

al

Trea

ties D

atab

ase,

ava

ilabl

e at

http

://un

treat

y.un

.org

/Eng

lish/

treat

y.as

p.

156 E

gypt

atta

ched

the

follo

win

g de

clar

atio

n: “

Taki

ng in

to c

onsid

erat

ion

the

prov

isio

ns o

f the

Isla

mic

Sha

ria a

nd th

e fa

ct th

at th

ey d

o no

t con

flict

with

th

e te

xt a

nnex

ed to

the

instr

umen

t, w

e ac

cept

, sup

port

and

ratif

iy [s

ic] i

t.” U

nite

d N

atio

ns T

reat

y C

olle

ctio

n, M

ultil

ater

al T

reat

ies D

atab

ase,

ava

ilabl

e at

ht

tp://

untre

aty.

un.o

rg/E

NG

LISH

/bib

le/e

nglis

hint

erne

tbib

le/p

artI/

chap

terI

V/tr

eaty

5.as

p.

56

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Stat

us15

5 C

onst

itutio

nal P

rovi

sion

s fo

r the

Rig

ht to

Fre

edom

of R

elig

ion

or B

elie

f

In a

ccor

danc

e w

ith th

e sa

cred

ver

se (“

God

doe

s not

forb

id y

ou to

dea

l kin

dly

and

just

ly w

ith th

ose

who

ha

ve n

ot fo

ught

aga

inst

you

beca

use

of y

our r

elig

ion

and

who

hav

e no

t exp

elle

d yo

u fr

om y

our h

omes

” [6

0:8]

), th

e go

vern

men

t of t

he Is

lam

ic R

epub

lic o

f Ira

n an

d al

l Mus

lims a

re d

uty-

boun

d to

trea

t non

-M

uslim

s in

conf

orm

ity w

ith e

thic

al n

orm

s and

the

prin

cipl

es o

f Isl

amic

just

ice

and

equi

ty, a

nd to

resp

ect

thei

r hum

an ri

ghts

. Thi

s prin

cipl

e ap

plie

s to

all w

ho re

frain

from

eng

agin

g in

con

spira

cy o

r act

ivity

ag

ains

t Isl

am a

nd th

e Is

lam

ic R

epub

lic o

f Ira

n.

Art

icle

23

The

inve

stig

atio

n of

indi

vidu

als’

bel

iefs

is fo

rbid

den,

and

no

one

may

be

mol

este

d or

take

n to

task

si

mpl

y fo

r hol

ding

a c

erta

in b

elie

f. A

rtic

le 2

6 Th

e fo

rmat

ion

of p

artie

s, so

ciet

ies,

polit

ical

or p

rofe

ssio

nal a

ssoc

iatio

ns, a

s wel

l as r

elig

ious

soci

etie

s, w

heth

er Is

lam

ic o

r per

tain

ing

to o

ne o

f the

reco

gniz

ed re

ligio

us m

inor

ities

, is p

erm

itted

pro

vide

d th

ey

do n

ot v

iola

te th

e pr

inci

ples

of i

ndep

ende

nce,

free

dom

, nat

iona

l uni

ty, t

he c

riter

ia o

f Isl

am, o

r the

bas

is

of th

e Is

lam

ic R

epub

lic. N

o on

e m

ay b

e pr

even

ted

from

par

ticip

atin

g in

the

afor

emen

tione

d gr

oups

, or

be c

ompe

lled

to p

artic

ipat

e in

them

. Ir

aq 1

925

Yes

Ja

n. 2

5, 1

971

Art

icle

13.

Is

lam

is th

e of

ficia

l rel

igio

n of

the

Stat

e. F

reed

om to

pra

ctic

e th

e rit

es o

f the

diff

eren

t sec

ts o

f tha

t re

ligio

n, a

s obs

erve

d in

Iraq

, is g

uara

ntee

d. C

ompl

ete

free

dom

of c

onsc

ienc

e an

d fre

edom

to p

ract

ice

the

vario

us fo

rms o

f wor

ship

, in

conf

orm

ity w

ith a

ccep

ted

cust

oms,

is g

uara

ntee

d to

all

inha

bita

nts o

f the

co

untry

pro

vide

d th

at su

ch fo

rms o

f wor

ship

do

not c

onfli

ct w

ith th

e m

aint

enan

ce o

f ord

er a

nd

disc

iplin

e or

pub

lic m

oral

ity.

Art

icle

16

Th

e va

rious

com

mun

ities

shal

l hav

e th

e rig

ht o

f est

ablis

hing

and

mai

ntai

ning

scho

ols f

or th

e in

struc

tion

of th

eir m

embe

rs in

thei

r ow

n to

ngue

s, pr

ovid

ed th

at su

ch in

stru

ctio

n is

carr

ied

out i

n co

nfor

mity

with

su

ch g

ener

al p

rogr

amm

es a

s may

be

pres

crib

ed b

y la

w.

Iraq

200

4 (T

AL)

Y

es

Jan.

25,

197

1 A

rtic

le 7

(A

) Isla

m is

the

offic

ial r

elig

ion

of th

e St

ate…

This

Law

resp

ects

the

Isla

mic

iden

tity

of th

e m

ajor

ity o

f th

e Ir

aqi p

eopl

e an

d gu

aran

tees

the

full

relig

ious

righ

ts o

f all

indi

vidu

als t

o fr

eedo

m o

f rel

igio

us b

elie

f an

d pr

actic

e.

Art

icle

13

(F) E

ach

Iraqi

has

the r

ight

to fr

eedo

m o

f tho

ught

, con

scie

nce,

and

relig

ious

bel

ief a

nd p

ract

ice.

C

oerc

ion

in su

ch m

atte

rs sh

all b

e pr

ohib

ited.

57

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Stat

us15

5 C

onst

itutio

nal P

rovi

sion

s fo

r the

Rig

ht to

Fre

edom

of R

elig

ion

or B

elie

f

Art

icle

15

(C) N

o on

e m

ay b

e un

law

fully

arr

este

d or

det

aine

d, a

nd n

o on

e m

ay b

e de

tain

ed b

y re

ason

of p

oliti

cal o

r re

ligio

us b

elie

fs.

Jord

an

Yes

M

ay 2

8,

1975

A

rtic

le 1

4 Th

e St

ate

shal

l saf

egua

rd th

e fre

e ex

erci

se o

f all

form

s of w

orsh

ip a

nd re

ligio

us ri

tes i

n ac

cord

ance

with

th

e cu

stom

s obs

erve

d in

the

Kin

gdom

, unl

ess s

uch

exer

cise

is in

cons

iste

nt w

ith p

ublic

ord

er o

r dec

orum

. A

rtic

le 1

9 C

ongr

egat

ions

shal

l hav

e th

e rig

ht to

est

ablis

h an

d m

aint

ain

thei

r ow

n sc

hool

s for

the

educ

atio

n of

thei

r ow

n m

embe

rs p

rovi

ded

that

they

will

com

ply

with

the

gene

ral p

rovi

sion

s of t

he la

w a

nd su

bmit

to th

e co

ntro

l of g

over

nmen

t in

mat

ters

rela

ting

to th

eir c

urric

ula

and

tend

ency

. K

uwai

t Y

es

May

21,

19

9615

7 A

rtic

le 3

5 Fr

eedo

m o

f bel

ief i

s abs

olut

e. T

he S

tate

pro

tect

s the

free

dom

of p

ract

icin

g re

ligio

n in

acc

orda

nce

with

es

tabl

ishe

d cu

stom

s, pr

ovid

ed th

at it

doe

s not

con

flict

with

pub

lic p

olic

y or

mor

als.

Leba

non

No

Nov

. 3, 1

972

Art

icle

9

Free

dom

of c

onsc

ienc

e is

abs

olut

e. In

ass

umin

g th

e ob

ligat

ions

of g

lorif

ying

God

, the

Mos

t Hig

h, th

e St

ate

resp

ects

all

relig

ions

and

cre

eds a

nd sa

fegu

ards

the

free

dom

of e

xerc

isin

g th

e re

ligio

us ri

tes u

nder

its

pro

tect

ion,

with

out d

istur

bing

the

publ

ic o

rder

. It a

lso

guar

ante

es th

e re

spec

t of t

he s

yste

m o

f pe

rson

al st

atus

and

relig

ious

inte

rest

s of t

he p

eopl

e, re

gard

less

of t

heir

diffe

rent

cre

eds.

Art

icle

10

Educ

atio

n is

free

so lo

ng a

s it d

oes n

ot d

istu

rb th

e pu

blic

ord

er, d

oes n

ot v

iola

te th

e m

oral

s, an

d do

es n

ot

touc

h th

e di

gnity

of a

ny re

ligio

n or

cre

ed. T

he ri

ghts

of c

omm

uniti

es to

est

ablis

h th

eir o

wn

priv

ate

scho

ols c

anno

t be

viol

ated

, pro

vide

d th

at th

ey c

ompl

y w

ith th

e ge

nera

l req

uire

men

ts la

id d

own

by th

e St

ate

with

resp

ect t

o pu

blic

edu

catio

n.

Liby

a Y

es

May

15,

19

70

Art

icle

2

...Th

e St

ate

prot

ects

relig

ious

free

dom

in a

ccor

danc

e w

ith e

stabl

ishe

d cu

stom

s. M

oroc

co

Yes

M

ay 3

, 197

9 A

rtic

le 6

Is

lam

is th

e rel

igio

n of

the

Stat

e w

hich

gua

rant

ees t

o al

l fre

edom

of w

orsh

ip.

157 K

uwai

t atta

ched

the

follo

win

g in

terp

retiv

e de

clar

atio

n re

gard

ing

artic

le 2

3: “

The

Gov

ernm

ent o

f Kuw

ait d

ecla

res t

hat t

he m

atte

rs a

ddre

ssed

by

artic

le

23 a

re g

over

ned

by p

erso

nal-s

tatu

s law

, whi

ch is

bas

ed o

n Is

lam

ic la

w.

Whe

re th

e pr

ovis

ions

of t

hat a

rticl

e co

nflic

t with

Kuw

aiti

law

, Kuw

ait w

ill

appl

y its

nat

iona

l law

.” K

uwai

t als

o m

ade

the

follo

win

g re

serv

atio

ns c

once

rnin

g ar

ticle

25

(b):

“The

Gov

ernm

ent o

f Kuw

ait w

ishe

s to

form

ulat

e a

rese

rvat

ion

with

rega

rd to

arti

cle

25(b

). T

he p

rovi

sion

s of t

his p

arag

raph

con

flict

with

the

Kuw

aiti

elec

tora

l law

, whi

ch re

stric

ts th

e rig

ht to

stan

d an

d vo

te in

ele

ctio

ns to

mal

es.”

Uni

ted

Nat

ions

Tre

aty

Col

lect

ion,

Mul

tilat

eral

Tre

atie

s Dat

abas

e, a

vaila

ble

at

http

://un

treat

y.un

.org

/EN

GLI

SH/b

ible

/eng

lishi

nter

netb

ible

/par

tI/ch

apte

rIV

/trea

ty6.

asp.

58

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Stat

us15

5 C

onst

itutio

nal P

rovi

sion

s fo

r the

Rig

ht to

Fre

edom

of R

elig

ion

or B

elie

f

Om

an

Yes

N

ot a

Sta

te

Party

A

rtic

le 2

8

The

free

dom

to p

ract

ice

relig

ious

rite

s acc

ordi

ng to

the

reco

gniz

ed c

usto

ms i

s gua

rant

eed,

pro

vide

d it

does

not

disr

upt t

he p

ublic

ord

er o

r con

tradi

ct w

ith m

oral

s. Q

atar

Y

es

Not

a S

tate

Pa

rty

Art

icle

50

The

free

dom

to w

orsh

ip is

gua

rant

eed

to a

ll, a

ccor

ding

to th

e la

w a

nd th

e re

quire

men

ts to

pro

tect

the

publ

ic o

rder

and

pub

lic m

oral

s. Sa

udi A

rabi

a Y

es

Not

a S

tate

Pa

rty

The

Bas

ic S

yste

m o

f the

Con

sulta

tive

Cou

ncil

(Dec

ree

A/9

0), 1

992

Art

icle

9

The

fam

ily is

the

kern

el o

f Sau

di so

ciet

y, a

nd it

s mem

bers

shal

l be

brou

ght u

p on

the

basi

s of t

he Is

lam

ic

faith

, and

loya

lty a

nd o

bedi

ence

to G

od, H

is M

esse

nger

, and

to g

uard

ians

; res

pect

for a

nd

impl

emen

tatio

n of

the

law

, and

love

of a

nd p

ride

in th

e ho

mel

and

and

its g

lorio

us h

isto

ry a

s the

Isla

mic

fa

ith st

ipul

ates

. A

rtic

le 2

6 Th

e sta

te p

rote

cts t

he ri

ghts

of t

he p

eopl

e in

line

with

the

Isla

mic

shar

ia.

Syria

N

o A

pr. 2

1,

1969

A

rtic

le 3

5 (1

) The

free

dom

of f

aith

is g

uara

ntee

d. T

he st

ate

resp

ects

all

relig

ions

. (2

) The

stat

e gu

aran

tees

the

free

dom

to h

old

any

relig

ious

rite

s pro

vide

d th

ey d

o no

t dis

turb

the

publ

ic

orde

r. Tu

nisia

Y

es

Mar

. 18,

19

69

Art

icle

5

The

Tuni

sian

Repu

blic

gua

rant

ees t

he in

viol

abili

ty o

f the

hum

an p

erso

n an

d fr

eedo

m o

f con

scie

nce,

and

pr

otec

ts th

e fre

e ex

erci

se o

f bel

iefs

, with

rese

rvat

ion

that

they

do

not d

istu

rb th

e pu

blic

ord

er.

U.A

.E.

Yes

N

ot a

Sta

te

Party

A

rtic

le 3

2 Th

e fr

eedo

m to

hol

d re

ligio

us c

erem

onie

s in

acco

rdan

ce w

ith e

stab

lishe

d cu

stom

shal

l be

safe

guar

ded,

pr

ovid

ed su

ch c

erem

onie

s are

con

siste

nt w

ith p

ublic

ord

er a

nd w

ith p

ublic

mor

als.

Yem

en

Yes

Fe

b. 9

, 198

7 A

rtic

le 4

1 …

The

Stat

e sh

all b

y la

w se

cure

free

dom

of t

houg

ht a

nd e

xpre

ssio

n w

heth

er o

rally

, in

writ

ing

or in

pi

ctur

es a

nd a

s pro

vide

d fo

r by

law

. A

rtic

le 5

1 Pr

ivat

e hou

ses a

nd w

orsh

ip a

nd e

duca

tion

cent

res s

hall

not b

e vi

olat

ed, p

ut u

nder

surv

eilla

nce

or

sear

ched

unl

ess o

ther

wis

e pr

ovid

ed fo

r by

law

.

59

Sout

h A

sia

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Afg

hani

stan

Yes

Ja

n. 2

4, 1

983

Art

icle

2

The

relig

ion

of A

fgha

nista

n is

the

sacr

ed re

ligio

n of

Isla

m. F

ollo

wer

s of o

ther

relig

ions

are

free

to

perf

orm

thei

r rel

igio

us ri

tes w

ithin

the

limits

of t

he p

rovi

sion

s of l

aw.

Art

icle

45

The

Stat

e sh

all d

evis

e an

d im

plem

ent a

uni

fied

educ

atio

nal c

urric

ulum

bas

ed o

n th

e pr

ovis

ions

of t

he

sacr

ed re

ligio

n of

Isla

m, n

atio

nal c

ultu

re, a

nd in

acc

orda

nce

with

aca

dem

ic p

rinci

ples

, and

shal

l dev

elop

th

e cu

rric

ulum

of r

elig

ious

subj

ects

in sc

hool

s on

the

basi

s of t

he Is

lam

ic se

cts e

xisti

ng in

Afg

hani

stan.

A

rtic

le 5

4 …

The

Stat

e sh

all a

dopt

nec

essa

ry m

easu

res t

o en

sure

the

phys

ical

and

psy

chol

ogic

al w

ell-b

eing

of t

he

fam

ily…

and

the

elim

inat

ion

of tr

aditi

ons c

ontra

ry to

the

prin

cipl

es o

f the

sacr

ed re

ligio

n of

Isla

m.

Bang

lade

sh

Yes

Se

p. 6

, 200

0 A

rtic

le 3

9 Fr

eedo

m o

f tho

ught

and

con

scie

nce

is gu

aran

teed

. A

rtic

le 4

1

(1) S

ubje

ct to

law

, pub

lic o

rder

and

mor

ality

—

(a) e

very

citi

zen

has t

he ri

ght t

o pr

ofes

s, pr

actic

e or

pro

paga

te a

ny re

ligio

n;

(b) e

very

relig

ious

com

mun

ity o

r den

omin

atio

n ha

s the

righ

t to

esta

blis

h, m

aint

ain

and

man

age

its

relig

ious

insti

tutio

ns.

(2) N

o pe

rson

atte

ndin

g an

y ed

ucat

iona

l ins

titut

ion

shal

l be

requ

ired

to re

ceiv

e re

ligio

us in

struc

tion,

or t

o ta

ke p

art i

n or

to a

ttend

any

relig

ious

cer

emon

y or

wor

ship

, if t

hat i

nstru

ctio

n, c

erem

ony

or w

orsh

ip

rela

tes t

o a

relig

ion

othe

r tha

n hi

s ow

n.

Mal

dive

s Y

es

Not

a S

tate

Pa

rty

Art

icle

25

Ever

y ci

tizen

shal

l hav

e th

e fr

eedo

m to

exp

ress

his

cons

cien

ce a

nd th

ough

ts or

ally

or i

n w

ritin

g or

by

othe

r mea

ns, u

nles

s pro

hibi

ted

by la

w in

the

inte

rest

of p

rote

ctin

g th

e so

vere

ignt

y of

the

Mal

dive

s, of

m

aint

aini

ng p

ublic

ord

er a

nd o

f pro

tect

ing

the

basi

c te

nets

of I

slam

. Pa

kista

n Y

es

Not

a S

tate

Pa

rty

Art

icle

20

Subj

ect t

o la

w, p

ublic

ord

er a

nd m

oral

ity:

(a) E

very

citi

zen

shal

l hav

e th

e rig

ht to

pro

fess

, pra

ctic

e an

d pr

opag

ate

his r

elig

ion;

and

(b

) eve

ry re

ligio

us d

enom

inat

ion

and

ever

y se

ct th

ereo

f sha

ll ha

ve th

e rig

ht to

est

ablis

h, m

aint

ain

and

man

age

its re

ligio

us in

stitu

tions

. A

rtic

le 2

1

No

pers

on sh

all b

e co

mpe

lled

to p

ay a

ny sp

ecia

l tax

the

proc

eeds

of w

hich

are

to b

e sp

ent o

n th

e pr

opag

atio

n or

mai

nten

ance

of a

ny re

ligio

n ot

her t

han

his o

wn.

60

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Art

icle

22

(1

) No

pers

on a

ttend

ing

any

educ

atio

nal i

nstit

utio

n sh

all b

e re

quire

d to

rece

ive

relig

ious

instr

uctio

n, o

r ta

ke p

art i

n an

y re

ligio

us c

erem

ony,

or a

ttend

relig

ious

wor

ship

, if s

uch

instr

uctio

n, c

erem

ony

or w

orsh

ip

rela

tes t

o a

relig

ion

othe

r tha

n hi

s ow

n.

…

(3) S

ubje

ct to

law

: (a

) no

relig

ious

com

mun

ity o

r den

omin

atio

n sh

all b

e pr

even

ted

from

pro

vidi

ng re

ligio

us in

struc

tion

for

pupi

ls of

that

com

mun

ity o

r den

omin

atio

n in

any

edu

catio

nal i

nstit

utio

n m

aint

aine

d w

holly

by

that

co

mm

unity

or d

enom

inat

ion;

and

(b

) no

citiz

en sh

all b

e de

nied

adm

issi

on to

any

edu

catio

nal i

nstit

utio

n re

ceiv

ing

aid

from

pub

lic re

venu

es

on th

e gr

ound

onl

y of

race

, rel

igio

n, c

aste

or p

lace

of b

irth.

(4

) Not

hing

in th

is A

rticl

e sh

all p

reve

nt a

ny p

ublic

aut

horit

y fr

om m

akin

g pr

ovis

ion

for t

he a

dvan

cem

ent

of a

ny s

ocia

lly o

r edu

catio

nally

bac

kwar

d cl

ass o

f citi

zens

.

61

East

Asia

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Brun

ei

Yes

N

ot a

Sta

te

Party

A

rtic

le 3

(1

) The

relig

ion

of B

rune

i Dar

ussa

lam

shal

l be

the

Mus

lim R

elig

ion

acco

rdin

g th

e Sh

afei

te se

ct o

f tha

t re

ligio

n. P

rovi

ded

that

all

othe

r rel

igio

ns m

ay b

e pr

actic

ed in

pea

ce a

nd h

arm

ony

by th

e pe

rson

pr

ofes

sing

them

in a

ny p

art o

f Bru

nei D

arus

sala

m.

Indo

nesi

a N

o N

ot a

Sta

te

Party

A

rtic

le 2

8E

(1) E

very

per

son

shal

l be

free

to c

hoos

e an

d to

pra

ctic

e th

e re

ligio

n of

his

/her

cho

ice.

.. (2

) Eve

ry p

erso

n sh

all h

ave

the

right

to th

e fr

eedo

m to

bel

ieve

his

/her

faith

(kep

erca

yaan

), an

d to

ex

pres

s his

/her

vie

ws a

nd th

ough

ts, in

acc

orda

nce

with

his

/her

con

scie

nce.

(3

) Eve

ry p

erso

n sh

all h

ave

the

right

to th

e fr

eedo

m to

ass

ocia

te, t

o as

sem

ble

and

to e

xpre

ss o

pini

ons.

Art

icle

29

(1) T

he S

tate

shal

l be

base

d up

on th

e be

lief i

n th

e O

ne a

nd O

nly

God

. (2

) The

Sta

te g

uara

ntee

s all

pers

ons t

he fr

eedo

m o

f wor

ship

, eac

h ac

cord

ing

to h

is/he

r ow

n re

ligio

n or

be

lief.

Art

icle

28I

(1

) …fre

edom

of t

houg

ht a

nd c

onsc

ienc

e [a

nd] f

reed

om o

f rel

igio

n…ar

e al

l hum

an ri

ghts

that

can

not b

e lim

ited

unde

r any

circ

umsta

nces

. M

alay

sia

Yes

N

ot a

Sta

te

Party

A

rtic

le 1

1 (1

) Eve

ry p

erso

n ha

s the

righ

t to

prof

ess a

nd p

ract

ise

his r

elig

ion

and,

subj

ect t

o C

laus

e (4

), to

pro

paga

te

it.

(2) N

o pe

rson

shal

l be

com

pelle

d to

pay

any

tax

the

proc

eeds

of w

hich

are

spec

ially

allo

cate

d in

who

le

or in

par

t for

the

purp

oses

of a

relig

ion

othe

r tha

n hi

s ow

n.

(3) E

very

relig

ious

gro

up h

as th

e rig

ht—

(a

) to

man

age

its o

wn

relig

ious

affa

irs;

(b) t

o es

tabl

ish

and

mai

ntai

n in

stitu

tions

for r

elig

ious

or c

harit

able

pur

pose

s…

(4) S

tate

law

and

in re

spec

t of t

he F

eder

al T

errit

orie

s of K

uala

Lum

pur a

nd L

abua

n, fe

dera

l law

may

co

ntro

l or r

estri

ct th

e pr

opag

atio

n of

any

relig

ious

doc

trine

or b

elie

f am

ong

pers

ons p

rofe

ssin

g th

e re

ligio

n of

Isla

m.

(5) T

his A

rticl

e do

es n

ot a

utho

rise

any

act c

ontra

ry to

any

gen

eral

law

rela

ting

to p

ublic

ord

er, p

ublic

he

alth

or m

oral

ity.

Art

icle

12

(2

) Eve

ry re

ligio

us g

roup

has

the

right

to e

stab

lish

and

mai

ntai

n in

stitu

tions

for t

he e

duca

tion

of c

hild

ren

in it

s ow

n re

ligio

n, a

nd th

ere

shal

l be

no d

iscr

imin

atio

n on

the

grou

nd o

nly

of re

ligio

n in

any

law

re

latin

g to

such

insti

tutio

ns o

r in

the

adm

inis

tratio

n of

any

such

law

; but

it sh

all b

e la

wfu

l for

the

62

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Fede

ratio

n or

a S

tate

to e

stab

lish

or m

aint

ain

or a

ssis

t in

esta

blis

hing

or m

aint

aini

ng Is

lam

ic in

stitu

tions

or

pro

vide

or a

ssis

t in

prov

idin

g in

struc

tion

in th

e re

ligio

n of

Isla

m a

nd in

cur s

uch

expe

nditu

re a

s may

be

nec

essa

ry fo

r the

pur

pose

. (3

) No

pers

on sh

all b

e re

quire

d to

rece

ive

instr

uctio

n in

or t

o ta

ke p

art i

n an

y ce

rem

ony

or a

ct o

f w

orsh

ip o

f a re

ligio

n ot

her t

han

his o

wn.

63

Afr

ica

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Burk

ina

Faso

N

o A

pr. 4

, 199

9 A

rtic

le 7

Th

e fr

eedo

m o

f bel

ief,

of n

on-b

elie

f, of

con

scie

nce,

of r

elig

ious

opi

nion

, phi

loso

phy,

of r

elig

ious

ex

erci

se, t

he fr

eedo

m o

f ass

embl

y, th

e fr

ee p

ract

ice

of c

usto

m a

s wel

l as t

he fr

eedo

m o

f pro

cess

ion

and

its d

emon

strat

ion

are

guar

ante

ed b

y th

e pr

esen

t Con

stitu

tion

subj

ect t

o re

spec

t of t

he la

w, o

f th

e pu

blic

ord

er, o

f goo

d m

oral

s and

of t

he h

uman

per

son.

C

had

No

Jun.

9, 1

995

Art

icle

27

The

free

dom

s of o

pini

on a

nd o

f exp

ress

ion,

com

mun

icat

ion,

con

scie

nce,

relig

ion,

the

pres

s, of

as

soci

atio

n, a

ssem

bly,

circ

ulat

ion,

dem

onstr

atio

n, a

nd p

arad

e ar

e gu

aran

teed

to a

ll. T

hese

can

onl

y be

rest

ricte

d by

the

resp

ect o

f the

libe

rties

and

righ

ts o

f oth

ers a

nd th

e im

pera

tive

to sa

fegu

ard

the

publ

ic o

rder

and

goo

d m

oral

s. Th

e la

w d

eter

min

es th

e co

nditi

ons o

f the

ir ex

erci

se.

Art

icle

54

No

one

may

ava

il on

esel

f of h

is re

ligio

us b

elie

fs, n

or h

is ph

iloso

phic

al o

pini

ons t

o ex

cuse

one

self

from

a d

uty

dict

ated

by

the n

atio

nal i

nter

est.

Com

oros

N

o N

ot a

Sta

te

Party

Pr

eam

ble:

Th

e C

omor

ian

peop

le so

lem

nly

affir

m th

eir w

ill to

: …

ex

pres

s the

ir at

tach

men

t to

the

prin

cipl

es a

nd fu

ndam

enta

l rig

hts a

s def

ined

by

the

Char

ter o

f the

U

nite

d N

atio

ns, t

he O

rgan

izat

ion

for A

fric

an U

nity

, the

Pac

t of t

he A

rab

Leag

ue, t

he U

nive

rsal

D

ecla

ratio

n of

Hum

an R

ight

s and

the

Afri

can

Char

ter o

n H

uman

and

Peo

ples

’ Rig

hts,

as w

ell a

s th

e in

tern

atio

nal c

onve

ntio

ns, p

artic

ular

ly th

ose

addr

essi

ng th

e rig

hts o

f chi

ldre

n an

d w

omen

. …

Th

is pr

eam

ble

form

s an

inte

gral

par

t of t

he C

onsti

tutio

n.

Djib

outi

No

Nov

. 5, 2

002

Art

icle

11

Ever

yone

shal

l hav

e th

e rig

ht to

free

dom

of t

houg

ht, c

onsc

ienc

e, re

ligio

n, w

orsh

ip a

nd o

pini

on in

co

nfor

mity

with

the

orde

r esta

blish

ed b

y la

w a

nd th

e re

gula

tions

. G

ambi

a N

o M

ar. 2

2, 1

979

Art

icle

25

(1) E

very

per

son

shal

l hav

e th

e rig

ht to

—

…

(b) f

reed

om o

f tho

ught

, con

scie

nce

and

belie

f, w

hich

shal

l inc

lude

aca

dem

ic fr

eedo

m;

(c) f

reed

om to

pra

ctis

e an

y re

ligio

n an

d to

man

ifest

such

pra

ctic

e;

…

(4) T

he fr

eedo

ms r

efer

red

to in

subs

ectio

ns (1

) and

(2) s

hall

be e

xerc

ised

subj

ect t

o th

e la

w o

f The

G

ambi

a in

so fa

r as t

hat l

aw im

pose

s rea

sona

ble

restr

ictio

ns o

n th

e ex

erci

se o

f the

righ

ts a

nd

free

dom

s the

reby

con

ferr

ed, w

hich

are

nec

essa

ry in

a d

emoc

ratic

soci

ety

and

are

requ

ired

in th

e in

tere

sts o

f the

sove

reig

nty

and

inte

grity

of T

he G

ambi

a, n

atio

nal s

ecur

ity, p

ublic

ord

er, d

ecen

cy

or m

oral

ity, o

r in

rela

tion

to c

onte

mpt

of c

ourt.

64

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Art

icle

32

Ever

y pe

rson

shal

l be

entit

led

to e

njoy

, pra

ctis

e, p

rofe

ss, m

aint

ain

and

prom

ote

any

cultu

re,

lang

uage

, tra

ditio

n or

relig

ion

subj

ect t

o th

e te

rms o

f thi

s Con

stitu

tion

and

to th

e co

nditi

on th

at th

e rig

hts p

rote

cted

by

this

sect

ion

do n

ot im

ping

e on

the

right

s and

free

dom

s of o

ther

s or t

he n

atio

nal

inte

rest

, esp

ecia

lly u

nity

. A

rtic

le 2

12

(3) A

ll th

e pe

ople

of T

he G

ambi

a sh

all b

e en

title

d to

thei

r eth

nic,

relig

ious

and

cul

tura

l val

ues

whi

ch d

o no

t dis

turb

the

unity

or c

ohes

ion

of th

e St

ate.

G

uine

a N

o Ja

n. 2

4, 1

978

Art

icle

7

[Eve

ry in

divi

dual

] sha

ll be

free

to b

elie

ve, t

o th

ink

and

to p

rofe

ss [t

heir]

relig

ious

faith

…po

litic

al

or p

hilo

soph

ical

opi

nion

s. [E

very

indi

vidu

al] s

hall

be fr

ee to

exp

ress

, to

man

ifest

and

to d

iffus

e [th

eir]

idea

s and

opi

nion

s by

spee

ch, b

y w

ritin

g an

d by

imag

e.

[Eve

ry in

divi

dual

] sha

ll be

free

to in

struc

t and

[be

info

rmed

] fro

m so

urce

s ava

ilabl

e to

all.

A

rtic

le 1

4 Th

e fr

ee e

xerc

ise

of re

ligio

us se

cts s

hall

be g

uara

ntee

d. R

elig

ious

inst

itutio

ns a

nd c

omm

uniti

es

free

ly c

reat

e an

d ad

min

ister

them

selv

es. T

hey

shal

l not

be

subj

ect t

o th

e tu

tela

ge o

f the

stat

e.

Mal

i N

o Ju

l. 16

, 197

4 A

rtic

le 4

Ev

ery

pers

on h

as th

e rig

ht to

free

dom

of t

houg

ht, c

onsc

ienc

e, re

ligio

n, w

orsh

ip [c

ulte

], op

inio

n,

expr

essi

on a

nd c

reat

ion

with

resp

ect t

o th

e la

w.

Art

icle

18

Ever

y ci

tizen

has

the

right

to e

duca

tion.

Pub

lic e

duca

tion

is o

blig

ator

y, fr

ee a

nd se

cula

r. M

aurit

ania

Y

es

Not

a S

tate

Pa

rty

n/a

Nig

er

N

o M

ar. 7

, 198

6 A

rtic

le 8

…

The

Repu

blic

shal

l res

pect

and

pro

tect

all

faith

s. N

o re

ligio

n, n

o be

lief s

hall

assu

me

the

polit

ical

po

wer

nor

inte

rfer

e in

the

affa

irs o

f the

Sta

te…

A

rtic

le 1

4 Ea

ch p

erso

n sh

all h

ave

a rig

ht to

the

free

dev

elop

men

t of h

is pe

rson

ality

in it

s mat

eria

l, in

telle

ctua

l an

d sp

iritu

al, c

ultu

ral a

nd re

ligio

us d

imen

sion

s as l

ong

as h

e do

es n

ot v

iola

te th

e rig

ht o

f oth

ers,

does

not

infri

nge

on c

onsti

tutio

nal o

rder

, leg

al o

rder

or m

oral

ity.

65

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Art

icle

23

Each

per

son

has t

he ri

ght t

o fr

eedo

m o

f tho

ught

, of o

pini

on, o

f exp

ress

ion,

of c

onsc

ienc

e, o

f re

ligio

n an

d of

cul

t. Th

e St

ate

guar

ante

es th

e fre

e ex

erci

se o

f the

cul

t and

the

expr

essi

on o

f bel

iefs

. Th

ese

right

s are

exe

rcis

ed in

the r

espe

ct o

f pub

lic o

rder

, of s

ocia

l pea

ce a

nd o

f nat

iona

l uni

ty.

Sene

gal

No

Feb.

13,

197

8 A

rtic

le 8

Th

e Re

publ

ic o

f Sen

egal

gua

rant

ees t

o al

l citi

zens

fund

amen

tal i

ndiv

idua

l fre

edom

s, ec

onom

ic a

nd

soci

al ri

ghts

as w

ell a

s the

col

lect

ive

right

s. Th

ese

free

dom

s are

in p

artic

ular

civ

il an

d po

litic

al

free

dom

s: fr

eedo

m o

f opi

nion

, fre

edom

of a

ssoc

iatio

n, fr

eedo

m o

f ass

embl

y, fr

eedo

m o

f m

ovem

ent,

freed

om o

f man

ifest

atio

n, th

e cu

ltura

l fre

edom

s [an

d] th

e re

ligio

us fr

eedo

ms..

.The

se

free

dom

s and

thes

e rig

hts a

re e

xerc

ised

with

in th

e co

nditi

ons p

rovi

ded

by la

w.

Art

icle

24

The

free

dom

of c

onsc

ienc

e, th

e fr

eedo

ms a

nd th

e re

ligio

us a

nd c

ultu

ral p

ract

ices

, the

pro

fess

ion

of

the

relig

ious

edu

cato

r are

gua

rant

eed,

subj

ect t

o th

e pu

blic

ord

er. T

he in

stitu

tions

, the

relig

ious

co

mm

ittee

s hav

e th

e rig

ht to

dev

elop

them

selv

es w

ithou

t hin

dran

ce. T

hey

are

deta

ched

from

the

tute

lage

of t

he S

tate

. The

y re

gula

te a

nd a

dmin

ister

thei

r affa

irs in

an

auto

nom

ous m

anne

r. Si

erra

Leo

ne

No

Aug

. 23,

199

6 A

rtic

le 2

4

(1) E

xcep

t with

his

ow

n co

nsen

t, no

per

son

shal

l be

hind

ered

in th

e en

joym

ent o

f his

free

dom

of

cons

cien

ce a

nd fo

r the

pur

pose

of t

his s

ectio

n th

e sa

id fr

eedo

m in

clud

es fr

eedo

m o

f tho

ught

and

of

relig

ion,

free

dom

to c

hang

e hi

s rel

igio

n or

bel

ief,

and

free

dom

eith

er a

lone

or i

n co

mm

unity

with

ot

hers

and

bot

h in

pub

lic a

nd in

priv

ate

to m

anife

st a

nd p

ropa

gate

his

relig

ion

or b

elie

f in

wor

ship

, te

achi

ng, p

ract

ice

and

obse

rvan

ce.

(2) E

xcep

t with

his

ow

n co

nsen

t…no

per

son

atte

ndin

g an

y pl

ace

of e

duca

tion

shal

l be

requ

ired

to

rece

ive

relig

ious

instr

uctio

n or

to ta

ke p

art i

n or

to a

ttend

any

relig

ious

cer

emon

y or

obs

erva

nce

if th

at in

struc

tion,

cer

emon

y or

obs

erva

nce

rela

tes t

o a

relig

ion

othe

r tha

n hi

s ow

n.

(3) N

o re

ligio

us c

omm

unity

or d

enom

inat

ion

shal

l be

prev

ente

d fr

om p

rovi

ding

relig

ious

in

struc

tion

for p

erso

ns o

f tha

t com

mun

ity o

r den

omin

atio

n in

the

cour

se o

f any

edu

catio

n pr

ovid

ed

by th

at c

omm

unity

or d

enom

inat

ion.

(4

) No

pers

on sh

all b

e co

mpe

lled

to ta

ke a

ny o

ath

whi

ch is

con

trary

to h

is re

ligio

n or

bel

ief o

r to

take

any

oat

h in

a m

anne

r whi

ch is

con

trary

to h

is re

ligio

n or

bel

ief.

(5) N

othi

ng c

onta

ined

in o

r don

e un

der t

he a

utho

rity

of a

ny la

w sh

all b

e he

ld to

be

inco

nsis

tent

w

ith o

r in

cont

rave

ntio

n of

this

sect

ion

to th

e ex

tent

that

the

law

in q

uest

ion

mak

es a

pro

visi

on

whi

ch is

reas

onab

ly re

quire

d—

(a) i

n th

e in

tere

st o

f def

ence

, pub

lic sa

fety

, pub

lic o

rder

, pub

lic m

oral

ity o

r pub

lic h

ealth

; or

(b) f

or th

e pu

rpos

e of

pro

tect

ing

the r

ight

s and

free

dom

s of o

ther

per

sons

incl

udin

g th

e rig

ht

to o

bser

ve a

nd p

ract

ise

any

relig

ion

with

out t

he u

nsol

icite

d in

terv

entio

n of

the

mem

bers

of

any

othe

r rel

igio

n;

and

exce

pt in

so fa

r as t

hat p

rovi

sion

or,

as th

e ca

se m

ay b

e, th

e th

ing

done

und

er th

e au

thor

ity

66

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

ther

eof,

is sh

own

not t

o be

reas

onab

ly ju

stifi

able

in a

dem

ocra

tic so

ciet

y.

Som

alia

Jan.

24,

199

0 N

o in

tern

atio

nally

reco

gniz

ed g

over

nmen

t and

no

cons

titut

ion.

Su

dan

No

Mar

. 18,

198

6 A

rtic

le 2

4 Ev

ery

hum

an b

eing

shal

l hav

e th

e rig

ht o

f fre

edom

of c

onsc

ienc

e an

d re

ligio

us c

reed

, and

he

shal

l ha

ve th

e rig

ht to

dec

lare

his

relig

ion

or c

reed

, and

man

ifest

the

sam

e by

way

of w

orsh

ip,

educ

atio

n, p

ract

ice

or p

erfo

rman

ce o

f rite

s or c

erem

onie

s; a

nd n

o on

e sh

all b

e co

erce

d to

ado

pt

such

faith

, as h

e do

es n

ot b

elie

ve in

, nor

to p

ract

ice

rites

or s

ervi

ces h

e do

es n

ot v

olun

taril

y co

nsen

t to;

and

that

is w

ithou

t pre

judi

ce to

the

right

of c

hoic

e of

relig

ion,

inju

ry to

the

feel

ings

of

othe

rs, o

r to

publ

ic o

rder

, all

as m

ay b

e re

gula

ted

by la

w.

Art

icle

27

Ther

e sh

all b

e gu

aran

teed

for e

very

com

mun

ity o

r gro

up o

f citi

zens

the r

ight

to p

rese

rve

thei

r pa

rticu

lar c

ultu

re, l

angu

age

or re

ligio

n, a

nd re

ar c

hild

ren

free

ly w

ithin

the

fram

ewor

k of

thei

r pa

rticu

larit

y, a

nd th

e sa

me

shal

l not

by

coer

cion

be

effa

ced.

67

Euro

pe/E

uras

ia

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Alb

ania

N

o O

ct. 4

, 199

1 A

rtic

le 2

0 1

. Per

sons

who

bel

ong

to n

atio

nal m

inor

ities

exe

rcis

e in

full

equa

lity

befo

re th

e la

w th

e hu

man

righ

ts

and

freed

oms.

2. T

hey

have

the

right

to fr

eely

exp

ress

, with

out p

rohi

bitio

n or

com

puls

ion,

thei

r eth

nic,

cul

tura

l, re

ligio

us a

nd li

ngui

stic

belo

ngin

g. T

hey

have

the

right

to p

rese

rve

and

deve

lop

it, to

stud

y an

d to

be

taug

ht in

thei

r mot

her t

ongu

e, a

s wel

l as u

nite

in o

rgan

izat

ions

and

soci

etie

s for

the

prot

ectio

n of

thei

r in

tere

sts a

nd id

entit

y.

Art

icle

24

1. F

reed

om o

f con

scie

nce

and

of re

ligio

n is

guar

ante

ed.

2. E

very

one

is fr

ee to

cho

ose

or to

cha

nge

his r

elig

ion

or b

elie

fs, a

s wel

l as t

o ex

pres

s the

m in

divi

dual

ly

or c

olle

ctiv

ely,

in p

ublic

or p

rivat

e lif

e, th

roug

h cu

lt, e

duca

tion,

pra

ctic

es o

r the

per

form

ance

of r

itual

s. 3.

No

one

may

be

com

pelle

d or

pro

hibi

ted

to ta

ke p

art o

r not

in a

relig

ious

com

mun

ity o

r in

relig

ious

pr

actic

es o

r to

mak

e hi

s bel

iefs

or f

aith

pub

lic.

Aze

rbai

jan

No

Aug

. 13,

19

92

Art

icle

48

I. Ev

eryo

ne h

as th

e rig

ht to

free

dom

of c

onsc

ienc

e an

d re

ligio

n.

II. E

very

one

has t

he ri

ght t

o in

depe

nden

tly d

efin

e hi

s atti

tude

tow

ards

relig

ion,

to p

rofe

ss re

ligio

n al

one

or to

geth

er w

ith o

ther

s, or

to p

rofe

ss n

o re

ligio

n at

all,

to e

xpre

ss a

nd sp

read

relig

ious

con

vict

ions

. II

I. Th

e fre

e co

nduc

t of r

elig

ious

rite

s if i

t doe

s not

vio

late

pub

lic o

rder

or p

ublic

mor

ality

is a

utho

rized

. IV

. The

vio

latio

n of

the

free

dom

of r

elig

ion

and

self-

expr

essio

n is

not a

llow

ed.

Art

icle

71

IV. N

o on

e sh

all b

e co

mpe

lled

to m

ake

publ

ic re

ligio

us a

nd o

ther

con

vict

ions

and

thou

ghts

and

be

pers

ecut

ed fo

r the

m.

Kyr

gyzs

tan

No

Oct

. 7, 1

994

Art

icle

16

11. E

very

one

is g

uara

ntee

d th

e fr

eedo

m o

f con

scie

nce,

con

fess

ion

and

relig

ious

or a

thei

st ac

tivity

. Ev

eryo

ne h

as th

e rig

ht to

free

ly p

rofe

ss a

ny re

ligio

n or

to n

ot p

rofe

ss a

ny, t

o ch

oose

, hav

e an

d di

ssem

inat

e re

ligio

us o

r ath

eist

bel

iefs

. A

rtic

le 8

2 3.

The

Con

stitu

tiona

l Cou

rt of

the

Kyr

gyz

Repu

blic

: 8)

Res

olve

s iss

ues c

once

rnin

g th

e co

nstit

utio

nalit

y of

act

iviti

es o

f pol

itica

l par

ties,

publ

ic a

ssoc

iatio

ns

and

relig

ious

org

aniz

atio

ns.

Tajik

ista

n N

o Ja

n. 4

, 199

9 A

rtic

le 2

6 Ev

eryo

ne h

as th

e rig

ht to

inde

pend

ently

det

erm

ine

his (

her)

rela

tions

hip

tow

ard

relig

ion,

to p

rofe

ss a

ny

relig

ion

indi

vidu

ally

or t

oget

her w

ith o

ther

s, or

to p

rofe

ss n

one,

and

to p

artic

ipat

e in

the

perf

orm

ance

of

68

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

relig

ious

cul

ts, ri

tual

s, an

d ce

rem

onie

s. Tu

rkey

N

o Se

p. 2

3, 2

003

Art

icle

24

Ever

yone

has

the r

ight

to fr

eedo

m o

f con

scie

nce,

relig

ious

bel

ief a

nd c

onvi

ctio

n.

Act

s of w

orsh

ip, r

elig

ious

serv

ices

, and

cer

emon

ies c

an b

e co

nduc

ted

free

ly, p

rovi

ded

that

they

do

not

viol

ate

the

prov

isio

ns o

f Arti

cle

14.

No

one

can

[be]

com

pelle

d to

wor

ship

, or t

o pa

rtici

pate

in re

ligio

us c

erem

onie

s and

rite

s, to

reve

al h

is

relig

ious

bel

iefs

and

con

vict

ions

, or b

e bl

amed

or a

ccus

ed b

ecau

se o

f his

relig

ious

bel

iefs

and

co

nvic

tions

. Ed

ucat

ion

and

instr

uctio

n in

relig

ion

and

ethi

cs a

re c

ondu

cted

und

er st

ate

supe

rvis

ion

and

cont

rol.

Instr

uctio

n in

relig

ious

cul

ture

and

eth

ics e

duca

tion

are

com

puls

ory

in th

e cu

rric

ula

of p

rimar

y an

d se

cond

ary

scho

ols.

Oth

er re

ligio

us e

duca

tion

and

instr

uctio

n ar

e su

bjec

t to

the

indi

vidu

al’s

ow

n de

sire,

an

d in

the

case

of m

inor

s, to

the

requ

est o

f the

ir le

gal r

epre

sent

ativ

es.

No

one

can

be a

llow

ed to

exp

loit

or a

buse

relig

ion

or re

ligio

us fe

elin

gs, o

r thi

ngs h

eld

sacr

ed b

y re

ligio

n, in

any

man

ner w

hats

oeve

r, fo

r eve

n pa

rtial

ly b

asin

g th

e fu

ndam

enta

l, so

cial

, eco

nom

ic,

polit

ical

, and

lega

l ord

er o

f the

stat

e on

relig

ious

tene

ts o

r for

the

purp

ose

of o

btai

ning

pol

itica

l or

pers

onal

ben

efit

and

influ

ence

. A

rtic

le 1

4 N

one

of th

e rig

hts a

nd fr

eedo

ms e

mbo

died

in th

e C

onsti

tutio

n ca

n be

exe

rcis

ed fo

r act

iviti

es u

nder

take

n w

ith th

e ai

m o

f…en

dang

erin

g th

e ex

isten

ce o

f the

dem

ocra

tic a

nd la

ic R

epub

lic b

ased

on

hum

an ri

ghts.

N

o pr

ovis

ion

of th

e C

onsti

tutio

n ca

n be

inte

rpre

ted

in a

man

ner t

hat w

ould

gra

nts [

sic]

the

Stat

e or

in

divi

dual

s des

troyi

ng th

e fu

ndam

enta

l rig

hts a

nd fr

eedo

ms e

mbo

died

in th

e C

onsti

tutio

n, o

r sta

ging

an

activ

ity w

ith th

e ai

m o

f res

trict

ing

right

s and

free

dom

s mor

e ex

tens

ivel

y th

an is

stat

ed in

the

Con

stitu

tion…

Tu

rkm

enis

tan

No

May

1, 1

997

Art

icle

11

The

Stat

e gu

aran

tees

free

dom

of r

elig

ion

and

cons

cien

ce a

nd th

eir e

qual

ity b

efor

e th

e la

w. R

elig

ious

or

gani

zatio

ns a

re se

para

te fr

om th

e St

ate

and

may

not

inte

rfer

e w

ith S

tate

mat

ters

and

per

form

Sta

te

func

tions

. The

Sta

te e

duca

tiona

l sys

tem

is se

para

te fr

om re

ligio

us o

rgan

izat

ions

and

has

a se

cula

r ch

arac

ter.

Ever

yone

has

the r

ight

to in

depe

nden

tly d

eter

min

e hi

s [he

r] a

ttitu

de to

war

d re

ligio

n, to

pro

fess

in

divi

dual

ly o

r with

oth

ers a

ny re

ligio

n or

not

to p

rofe

ss a

ny [r

elig

ion]

, to

expr

ess a

nd d

isse

min

ate

conv

ictio

ns c

onne

cted

to th

e at

titud

e to

war

d re

ligio

n [a

nd] t

o pa

rtici

pate

in th

e pr

actic

e of

relig

ious

cu

lts, r

itual

s and

cer

emon

ies.

69

Cou

ntry

Is

lam

St

ate

Rel

igio

n?

ICC

PR

Rat

ifica

tion

Con

stitu

tiona

l Pro

visi

ons

for t

he R

ight

to F

reed

om o

f Rel

igio

n or

Bel

ief

Uzb

ekis

tan

No

Sep.

28,

199

5 A

rtic

le 3

1 Fr

eedo

m o

f con

scie

nce

is g

uara

ntee

d to

all.

Eve

ryon

e sh

all h

ave

the

right

to p

rofe

ss o

r not

to p

rofe

ss

any

relig

ion.

Any

com

puls

ory

impo

sitio

n of

relig

ion

shal

l be

impe

rmis

sibl

e.

Art

icle

61

Relig

ious

org

aniz

atio

ns a

nd a

ssoc

iatio

ns a

re se

para

te fr

om th

e go

vern

men

t and

equ

al b

efor

e th

e la

w.

The

gove

rnm

ent d

oes n

ot in

terf

ere

in th

e ac

tiviti

es o

f rel

igio

us a

ssoc

iatio

ns.

70

C. T

able

III:

Equa

lity

and

Proh

ibiti

on o

f Disc

rimin

atio

n C

onst

itutio

nal P

rovi

sions

(By

Reg

ion)

Mid

dle

East

/Nor

th A

fric

a C

ount

ry

Isla

m S

tate

R

elig

ion?

C

onst

itutio

nal P

rovi

sion

s fo

r Equ

ality

and

Pro

hibi

tion

of D

iscr

imin

atio

n

Alg

eria

Y

es

Art

icle

29

The

citiz

ens a

re e

qual

bef

ore

the

law

with

out a

ny p

ossi

ble

disc

rimin

atio

n on

the

basi

s of b

irth,

race

, gen

der (

sex)

, op

inio

n or

all

othe

r con

ditio

ns o

r per

sona

l or s

ocia

l circ

umsta

nce.

A

rtic

le 3

1 Th

e [g

over

nmen

t] in

stitu

tions

seek

to a

ssur

e th

e eq

ualit

y of

righ

ts an

d du

ties o

f all

citiz

ens…

in su

ppre

ssin

g th

e ob

stac

les,

whi

ch o

bstru

ct th

e de

velo

pmen

t of t

he h

uman

per

sona

lity

and

impe

de th

e ef

fect

ive

parti

cipa

tion

of a

ll in

the

polit

ical

, eco

nom

ic, s

ocia

l and

cul

tura

l life

. A

rtic

le 1

40

Just

ice

is fo

unde

d on

the

prin

cipl

es o

f leg

ality

and

equ

ality

. It

is e

qual

for a

ll, a

cces

sibl

e to

all,

and

is e

xpre

ssed

by

resp

ect o

f the

law

. Ba

hrai

n Y

es

Art

icle

4

Just

ice

is th

e ba

sis o

f gov

ernm

ent.

Coo

pera

tion

and

mut

ual r

espe

ct p

rovi

de a

firm

bon

d be

twee

n ci

tizen

s. Fr

eedo

m,

equa

lity,

secu

rity,

trus

t, kn

owle

dge,

soci

al so

lidar

ity a

nd e

qual

ity o

f opp

ortu

nity

for c

itize

ns a

re p

illar

s of s

ocie

ty

guar

ante

ed b

y th

e St

ate.

A

rtic

le 5

b.

The

Sta

te g

uara

ntee

s rec

onci

ling

the

dutie

s of w

omen

tow

ards

the

fam

ily w

ith th

eir w

ork

in so

ciet

y, a

nd th

eir

equa

lity

with

men

in p

oliti

cal,

soci

al, c

ultu

ral,

and

econ

omic

sphe

res w

ithou

t bre

achi

ng th

e pr

ovis

ions

of I

slam

ic

cano

n la

w (S

hari’

a).

Art

icle

18

Peop

le a

re e

qual

in h

uman

dig

nity

, and

citi

zens

are

equ

al b

efor

e th

e la

w in

pub

lic ri

ghts

and

dutie

s. Th

ere

shal

l be

no

disc

rimin

atio

n am

ong

them

on

the

basi

s of s

ex, o

rigin

, lan

guag

e, re

ligio

n or

cre

ed.

Egyp

t Y

es

Art

icle

8

The

Stat

e sh

all g

uara

ntee

equ

ality

of o

ppor

tuni

ty to

all

citiz

ens.

Art

icle

11

The

Stat

e sh

all g

uara

ntee

the

prop

er c

oord

inat

ion

betw

een

the

dutie

s of w

oman

tow

ards

the

fam

ily a

nd h

er w

ork

in

the

soci

ety,

con

side

ring

her e

qual

with

man

in th

e fie

lds o

f pol

itica

l, so

cial

, cul

tura

l and

eco

nom

ic li

fe w

ithou

t vi

olat

ion

of th

e ru

les o

f Isl

amic

juris

prud

ence

.

71

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

Con

stitu

tiona

l Pro

visi

ons

for E

qual

ity a

nd P

rohi

bitio

n of

Dis

crim

inat

ion

Art

icle

40

All

citiz

ens a

re e

qual

bef

ore

the

law

. The

y ha

ve e

qual

pub

lic ri

ghts

and

dutie

s with

out d

iscr

imin

atio

n be

twee

n th

em

due

to ra

ce, e

thni

c or

igin

, lan

guag

e, re

ligio

n or

cre

ed.

Iran

Y

es

Art

icle

3

In o

rder

to a

ttain

the

obje

ctiv

es sp

ecifi

ed in

Arti

cle

2 [b

elie

f sys

tem

of t

he Is

lam

ic R

epub

lic],

the

gove

rnm

ent…

has

the

duty

of d

irect

ing

all i

ts re

sour

ces t

o th

e fo

llow

ing

goal

s:

9. th

e ab

oliti

on o

f all

form

s of u

ndes

irabl

e di

scrim

inat

ion

and

the

prov

isio

n of

equ

itabl

e op

portu

nitie

s for

all,

in b

oth

the

mat

eria

l and

inte

llect

ual s

pher

es…

14

. sec

urin

g th

e m

ultif

ario

us ri

ghts

of a

ll ci

tizen

s, bo

th w

omen

and

men

, and

pro

vidi

ng le

gal p

rote

ctio

n fo

r all,

as w

ell

as th

e eq

ualit

y of

all

befo

re th

e la

w…

A

rtic

le 1

9 A

ll pe

ople

of I

ran,

wha

teve

r the

eth

nic

grou

p or

trib

e to

whi

ch th

ey b

elon

g, e

njoy

equ

al ri

ghts

; and

col

our,

race

, la

ngua

ge, a

nd th

e lik

e, d

o no

t bes

tow

any

priv

ilege

. A

rtic

le 2

0 A

ll ci

tizen

s of t

he c

ount

ry, b

oth

men

and

wom

en, e

qual

ly e

njoy

the

prot

ectio

n of

the

law

and

enj

oy a

ll hu

man

, po

litic

al, e

cono

mic

, soc

ial,

and

cultu

ral r

ight

s, in

con

form

ity w

ith Is

lam

ic c

riter

ia.

Art

icle

21

The

gove

rnm

ent m

ust e

nsur

e th

e rig

hts o

f wom

en in

all

resp

ects

, in

conf

orm

ity w

ith Is

lam

ic c

riter

ia, a

nd a

ccom

plish

th

e fo

llow

ing

goal

s:

1. c

reat

e a

favo

urab

le e

nviro

nmen

t for

the

grow

th o

f wom

an’s

per

sona

lity

and

the

rest

orat

ion

of h

er ri

ghts

, bot

h th

e m

ater

ial a

nd in

telle

ctua

l; 2.

the

prot

ectio

n of

mot

hers

, par

ticul

arly

dur

ing

preg

nanc

y an

d ch

ildre

arin

g, a

nd th

e pr

otec

tion

of c

hild

ren

with

out

guar

dian

s;

3. e

stabl

ishin

g co

mpe

tent

cou

rts to

pro

tect

and

pre

serv

e th

e fa

mily

; 4.

the

prov

isio

n of

spec

ial i

nsur

ance

for w

idow

s, an

d ag

ed w

omen

and

wom

en w

ithou

t sup

port;

5.

the

awar

ding

of g

uard

ians

hip

of c

hild

ren

to w

orth

y m

othe

rs, i

n or

der t

o pr

otec

t the

inte

rest

s of t

he c

hild

ren,

in th

e ab

senc

e of

a le

gal g

uard

ian.

Ir

aq 1

925

Yes

A

rtic

le 1

8 Ir

aqis

shal

l be

equa

l in

statu

s, as

rega

rds t

he e

njoy

men

t of t

heir

right

s and

the

disc

harg

e of

thei

r obl

igat

ions

…

Iraq

200

4 (T

AL)

Y

es

Art

icle

12

All

Iraqi

s are

equ

al in

thei

r rig

hts w

ithou

t reg

ard

to g

ende

r, se

ct, o

pini

on, b

elie

f, na

tiona

lity,

relig

ion,

or o

rigin

, and

th

ey a

re e

qual

bef

ore

the

law

. Dis

crim

inat

ion

agai

nst a

n Ir

aqi c

itize

n on

the

basi

s of h

is g

ende

r, na

tiona

lity,

relig

ion,

or

orig

in is

pro

hibi

ted.

Eve

ryon

e ha

s the

righ

t to

life,

libe

rty, a

nd th

e se

curit

y of

his

pers

on. N

o on

e m

ay b

e de

priv

ed

of h

is lif

e or

libe

rty, e

xcep

t in

acco

rdan

ce w

ith le

gal p

roce

dure

s. A

ll ar

e eq

ual b

efor

e th

e co

urts.

72

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

Con

stitu

tiona

l Pro

visi

ons

for E

qual

ity a

nd P

rohi

bitio

n of

Dis

crim

inat

ion

Jord

an

Yes

A

rtic

le 6

(i)

Jord

ania

ns sh

all b

e eq

ual b

efor

e th

e La

w. T

here

shal

l be

no d

iscr

imin

atio

n be

twee

n th

em a

s reg

ards

thei

r rig

hts a

nd

dutie

s, on

gro

unds

of r

ace,

lang

uage

or r

elig

ion.

(ii

) The

Gov

ernm

ent s

hall

ensu

re w

ork

and

educ

atio

n, w

ithin

the

limits

of i

ts p

ossi

bilit

ies,

and

shal

l ens

ure

a sta

te o

f tra

nqui

lity

and

equa

l opp

ortu

nitie

s, to

all

Jord

ania

ns.

Kuw

ait

Yes

A

rtic

le 8

Th

e St

ate

safe

guar

ds th

e pi

llars

of S

ocie

ty a

nd e

nsur

es se

curit

y, tr

anqu

ility

and

equ

al o

ppor

tuni

ties f

or c

itize

ns.

Art

icle

29

All

peop

le a

re e

qual

in h

uman

dig

nity

, and

in p

ublic

righ

ts a

nd d

utie

s bef

ore

the

law

, with

out d

istin

ctio

n as

to ra

ce,

orig

in, l

angu

age

or re

ligio

n.

Art

icle

175

Th

e pr

ovis

ions

rela

ting

to th

e A

miri

Sys

tem

in K

uwai

t and

the

prin

cipl

es o

f lib

erty

and

equ

ality

, pro

vide

d fo

r in

this

Con

stitu

tion,

may

not

be

prop

osed

for r

evis

ion

exce

pt in

rela

tion

to th

e tit

le o

f the

Em

irate

or t

o in

crea

se th

e gu

aran

tees

of l

iber

ty a

nd e

qual

ity.

Leba

non

No

Art

icle

7

All

Leba

nese

are

equ

al b

efor

e th

e la

w. T

hey

equa

lly e

njoy

civ

il an

d po

litic

al ri

ghts,

and

ass

ume

oblig

atio

ns a

nd p

ublic

du

ties w

ithou

t any

dis

tinct

ion

amon

g th

em.

Liby

a Y

es

Art

icle

5

All

citiz

ens a

re e

qual

bef

ore

the

law

. M

oroc

co

Yes

A

rtic

le 5

A

ll M

oroc

cans

are

equ

al b

efor

e th

e la

w.

Art

icle

8

Men

and

Wom

en e

njoy

equ

al p

oliti

cal r

ight

s. O

man

Y

es

Art

icle

17

A

ll ci

tizen

s are

equ

al b

efor

e th

e La

w a

nd sh

are

the

sam

e pu

blic

righ

ts an

d du

ties.

Ther

e is

no

disc

rimin

atio

n be

twee

n th

em o

n th

e gr

ound

of g

ende

r, or

igin

, col

our,

lang

uage

, rel

igio

n, se

ct, d

omic

ile, o

r soc

ial s

tatu

s. Q

atar

Y

es

Art

icle

18

The

Qat

ari s

ocie

ty is

bas

ed u

pon

the

pilla

rs o

f jus

tice,

cha

rity,

free

dom

, equ

ality

, and

goo

d m

oral

s. A

rtic

le 1

9 Th

e St

ate

prot

ects

the

pilla

rs o

f soc

iety

, mai

ntai

ns se

curit

y an

d sta

bilit

y, a

nd e

qual

opp

ortu

nitie

s for

citi

zens

. A

rtic

le 3

5 Pe

ople

are

equ

al b

efor

e th

e la

w. T

here

shal

l be

no d

iscr

imin

atio

n ag

ains

t the

m b

ecau

se o

f sex

, rac

e, la

ngua

ge, o

r re

ligio

n.

73

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

Con

stitu

tiona

l Pro

visi

ons

for E

qual

ity a

nd P

rohi

bitio

n of

Dis

crim

inat

ion

Saud

i Ara

bia

Yes

A

rtic

le 8

Th

e ru

le in

the

king

dom

is b

ased

on

justi

ce, c

onsu

ltatio

ns a

nd e

qual

ity in

acc

orda

nce

with

the

Isla

mic

shar

ia.

Syria

N

o A

rtic

le 2

5 (3

) The

citi

zens

are

equ

al b

efor

e th

e la

w in

thei

r rig

hts a

nd d

utie

s. (4

) The

stat

e in

sure

s the

prin

cipl

e of

equ

al o

ppor

tuni

ties f

or c

itize

ns.

Art

icle

45

The

state

shal

l gua

rant

ee fo

r wom

en a

ll op

portu

nitie

s ena

blin

g th

em to

fully

and

effe

ctiv

ely

parti

cipa

te in

the

polit

ical

, so

cial

, cul

tura

l, an

d ec

onom

ic li

fe. T

he st

ate

mus

t rem

ove

the

restr

ictio

ns th

at p

reve

nt w

omen

’s d

evel

opm

ent a

nd

parti

cipa

tion

in b

uild

ing

the

soci

alis

t Ara

b so

ciet

y.

Tuni

sia

Yes

A

rtic

le 6

A

ll ci

tizen

s hav

e th

e sa

me

right

s and

the

sam

e du

ties.

They

are

equ

al b

efor

e th

e la

w.

U.A

.E.

Yes

A

rtic

le 1

4 Eq

ualit

y, so

cial

justi

ce, t

he p

rovi

sion

of s

afet

y an

d se

curit

y an

d eq

ualit

y of

opp

ortu

nity

for a

ll ci

tizen

s sha

ll be

the

base

s of t

he c

omm

unity

. Mut

ual c

o-op

erat

ion

and

resp

ect s

hall

be a

firm

bon

d be

twee

n th

em.

Art

icle

25

All

pers

ons s

hall

be e

qual

bef

ore

the

law

. No

disc

rimin

atio

n sh

all b

e pr

actis

ed b

etw

een

citiz

ens o

f the

Uni

on b

y re

ason

of r

ace,

nat

iona

lity,

relig

ious

bel

ief o

r soc

ial p

ositi

on.

Yem

en

Yes

A

rtic

le 2

4 Th

e St

ate

shal

l pro

vide

equ

al p

oliti

cal,

econ

omic

, soc

ial a

nd c

ultu

ral o

ppor

tuni

ties f

or a

ll ci

tizen

s, an

d sh

all i

ssue

le

gisl

atio

ns e

nsur

ing

prop

er a

pplic

atio

n.

Art

icle

25

The

Yem

eni s

ocie

ty sh

all h

ereb

y be

est

ablis

hed

on so

cial

solid

arity

bas

ed o

n ju

stic

e, fr

eedo

m a

nd e

qual

ity a

s pr

ovid

ed fo

r by

law

. A

rtic

le 3

1 W

omen

are

aki

n to

men

hav

ing

right

s and

obl

igat

ions

as d

eman

ded

by th

e Sh

aria

’a a

nd st

ipul

ated

by

law

. A

rtic

le 4

0 A

ll ci

tizen

s sha

ll ha

ve e

qual

righ

ts an

d ob

ligat

ions

.

74

Sout

h A

sia

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

Con

stitu

tiona

l Pro

visi

ons

for E

qual

ity a

nd P

rohi

bitio

n of

Dis

crim

inat

ion

Afg

hani

stan

Yes

A

rtic

le 2

2 A

ny k

ind

of d

iscr

imin

atio

n an

d pr

ivile

ge a

mon

g th

e ci

tizen

s of A

fgha

nista

n is

proh

ibite

d.

The

citiz

ens o

f Afg

hani

stan

hav

e eq

ual r

ight

s and

dut

ies b

efor

e th

e la

w.

Bang

lade

sh

Yes

A

rtic

le 2

7 A

ll ci

tizen

s are

equ

al b

efor

e la

w a

nd a

re e

ntitl

ed to

equ

al p

rote

ctio

n of

law

. A

rtic

le 2

8 (1

) The

Sta

te sh

all n

ot d

iscr

imin

ate

agai

nst a

ny c

itize

n on

gro

unds

onl

y of

relig

ion,

race

, cas

te, s

ex o

r pla

ce o

f birt

h.

…

(3) N

o ci

tizen

shal

l, on

gro

unds

onl

y of

relig

ion,

race

, cas

te, s

ex o

r pla

ce o

f birt

h be

subj

ecte

d to

any

dis

abili

ty,

liabi

lity,

restr

ictio

n or

con

ditio

n w

ith re

gard

to a

cces

s to

any

plac

e of

pub

lic e

nter

tain

men

t or r

esor

t, or

adm

issi

on to

an

y ed

ucat

iona

l ins

titut

ion.

M

aldi

ves

Yes

A

rtic

le 1

3 M

aldi

vian

citi

zens

are

equ

al b

efor

e an

d un

der t

he la

w a

nd a

re e

ntitl

ed to

the

equa

l pro

tect

ion

of th

e la

w.

Paki

stan

Yes

A

rtic

le 2

2 (2

) In

resp

ect o

f any

relig

ious

insti

tutio

n, th

ere

shal

l be

no d

iscrim

inat

ion

agai

nst a

ny c

omm

unity

in th

e gr

antin

g of

ex

empt

ion

or c

once

ssio

n in

rela

tion

to ta

xatio

n.

Art

icle

25

(1) A

ll ci

tizen

s are

equ

al b

efor

e la

w a

nd a

re e

ntitl

ed to

equ

al p

rote

ctio

n of

law

. (2

) The

re sh

all b

e no

dis

crim

inat

ion

on th

e ba

sis o

f sex

alo

ne.

Art

icle

26

(1) I

n re

spec

t of a

cces

s to

plac

es o

f pub

lic e

nter

tain

men

t or r

esor

t, no

t int

ende

d fo

r rel

igio

us p

urpo

ses o

nly,

ther

e sh

all

be n

o di

scrim

inat

ion

agai

nst a

ny c

itize

n on

the

grou

nd o

nly

of ra

ce, r

elig

ion,

cas

te, s

ex, r

esid

ence

or p

lace

of b

irth.

A

rtic

le 2

7 (1

) No

citiz

en o

ther

wis

e qu

alifi

ed fo

r app

oint

men

t in

the

serv

ice

of P

akis

tan

shal

l be

disc

rimin

ated

aga

inst

in re

spec

t of

any

such

app

oint

men

t on

the

grou

nd o

nly

of ra

ce re

ligio

n, c

aste

, sex

, res

iden

ce o

r pla

ce o

f birt

h:

75

East

Asia

C

ount

ry

Isla

m S

tate

R

elig

ion?

C

onst

itutio

nal P

rovi

sion

s fo

r Equ

ality

and

Pro

hibi

tion

of D

iscr

imin

atio

n

Brun

ei

Yes

n/

a In

done

sia

No

Art

icle

27

(1) A

ll ci

tizen

s sha

ll be

equ

al b

efor

e th

e la

w a

nd th

e go

vern

men

t and

shal

l be

requ

ired

to re

spec

t the

law

and

the

gove

rnm

ent,

with

no

exce

ptio

ns.

Art

icle

28D

(1

) Eve

ry p

erso

n sh

all h

ave

the

right

of r

ecog

nitio

n, g

uara

ntee

s, pr

otec

tion

and

certa

inty

bef

ore

a ju

st la

w, a

nd o

f eq

ual t

reat

men

t bef

ore

the

law

. A

rtic

le 2

8I

(2) E

very

per

son

shal

l hav

e th

e rig

ht to

be

free

from

dis

crim

inat

ive

treat

men

t bas

ed u

pon

any

grou

nds w

hats

oeve

r and

sh

all h

ave

the r

ight

to p

rote

ctio

n fro

m su

ch d

iscr

imin

ativ

e tre

atm

ent.

Mal

aysi

a Y

es

Art

icle

8

(1) A

ll pe

rson

s are

equ

al b

efor

e th

e la

w a

nd e

ntitl

ed to

the

equa

l pro

tect

ion

of th

e la

w.

(2) E

xcep

t as e

xpre

ssly

aut

horis

ed b

y th

is C

onsti

tutio

n, th

ere

shal

l be

no d

iscr

imin

atio

n ag

anist

[sic

] citi

zens

on

the

grou

nd o

nly

of re

ligio

n, ra

ce, d

esce

nt o

r pla

ce o

f birt

h in

any

law

or i

n th

e ap

poin

tmen

t to

any

offic

e or

em

ploy

men

t un

der a

pub

lic a

utho

rity

or in

the

adm

inis

tratio

n of

any

law

rela

ting

to th

e ac

quis

ition

, hol

ding

or d

ispo

sitio

n of

pr

oper

ty o

r the

est

ablis

hing

or c

arry

ing

on o

f any

trad

e, b

usin

ess,

prof

essi

on, v

ocat

ion

or e

mpl

oym

ent.

…

(5) T

his A

rticl

e do

es n

ot in

valid

ate

or p

rohi

bit—

(a

) any

pro

visi

on re

gula

ting

pers

onal

law

…

Art

icle

12

(1) W

ithou

t pre

judi

ce to

the

gene

ralit

y of

Arti

cle

8, th

ere

shal

l be

no d

iscr

imin

atio

n ag

ains

t any

citi

zen

on th

e gr

ound

s on

ly o

f rel

igio

n, ra

ce, d

esce

nt o

r pla

ce o

f birt

h—

(a) i

n th

e ad

min

istra

tion

of a

ny e

duca

tiona

l ins

titut

ion

mai

ntai

ned

by a

pub

lic a

utho

rity,

and

, in

parti

cula

r, th

e ad

mis

sion

of p

upils

or s

tude

nts o

r the

pay

men

t of f

ees;

or

(b) i

n pr

ovid

ing

out o

f the

fund

s of a

pub

lic a

utho

rity

finan

cial

aid

for t

he m

aint

enan

ce o

r edu

catio

n of

pup

ils o

r st

uden

ts in

any

edu

catio

nal i

nstit

utio

n…

76

Afr

ica

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

Con

stitu

tiona

l Pro

visi

ons

for E

qual

ity a

nd P

rohi

bitio

n of

Dis

crim

inat

ion

Burk

ina

Faso

N

o A

rtic

le 1

A

ll th

e Bu

rkin

abia

ns a

re b

orn

free

and

equa

l in

right

s. A

ll ha

ve a

n eq

ual v

ocat

ion

to e

njoy

all

the

right

s and

all

the

free

dom

s gua

rant

eed

by th

e pr

esen

t Con

stitu

tion.

D

iscr

imin

atio

n of

all

sorts

, not

ably

thos

e fo

unde

d on

race

, eth

nic

[cha

ract

er],

regi

on, c

olor

, sex

, lan

guag

e, re

ligio

n,

cast

e, p

oliti

cal o

pini

ons,

wea

lth a

nd b

irth,

are

pro

hibi

ted.

A

rtic

le 2

3 …

Mar

riage

is fo

unde

d on

the

free

con

sent

of t

he m

an a

nd o

f the

wom

an. E

very

dis

crim

inat

ion

foun

ded

on ra

ce, c

olor

, re

ligio

n, e

thni

city

, cas

te, s

ocia

l orig

in, f

ortu

ne is

forb

idde

n in

the

mat

ter o

f mar

riage

. C

hild

ren

are

equa

l in

right

s and

in d

utie

s with

in th

eir f

amili

al re

latio

ns.

Cha

d N

o A

rtic

le 1

3 C

hadi

ans o

f eith

er se

x ha

ve th

e sa

me

right

s and

the

sam

e du

ties.

They

are

equ

al b

efor

e th

e la

w.

Art

icle

14

The

Stat

e as

sure

s to

all e

qual

ity b

efor

e th

e la

w, w

ithou

t dis

tinct

ion

of o

rigin

, rac

e, se

x, re

ligio

n, p

oliti

cal o

pini

on, o

r so

cial

pos

ition

. It

has t

he d

uty

to se

e to

the

elim

inat

ion

of a

ll fo

rms o

f dis

crim

inat

ion

with

rega

rd to

wom

en a

nd to

ass

ure

the

prot

ectio

n of

thei

r rig

hts i

n al

l are

as [d

omai

nes]

of p

rivat

e an

d pu

blic

life

. A

rtic

le 1

61

Unt

il th

eir c

odifi

catio

n, th

e cu

stom

ary

and

tradi

tiona

l rul

es a

re a

pplic

able

onl

y in

the

com

mun

ities

whe

re th

ey a

re

reco

gniz

ed. H

owev

er, t

hose

cus

tom

s con

trary

to th

e pu

blic

ord

er o

r tho

se w

hich

pro

mot

e in

equa

lity

betw

een

citiz

ens

are

forb

idde

n.

Com

oros

N

o Pr

eam

ble:

[T

he C

omor

ian

peop

le] p

rocl

aim

: …

-

Equa

lity

for a

ll in

righ

ts a

nd d

utie

s with

out d

istin

ctio

n to

sex,

orig

in, r

ace,

relig

ion

or b

elie

f. -

Equa

lity

for a

ll be

fore

the

law

…

This

prea

mbl

e fo

rms a

n in

tegr

al p

art o

f the

Con

stitu

tion.

D

jibou

ti N

o A

rtic

le 1

…

[Djib

outi]

shal

l ens

ure

the

equa

lity

of a

ll ci

tizen

s bef

ore

the

law

, with

out d

istin

ctio

n as

to o

rigin

, rac

e, se

x or

re

ligio

n. It

shal

l res

pect

all

belie

fs…

A

rtic

le 1

0 Th

e pe

rson

is sa

cred

. The

Sta

te sh

all h

ave

the

oblig

atio

n to

resp

ect a

nd p

rote

ct it

. All

hum

an b

eing

s sha

ll be

equ

al

befo

re th

e la

w.

77

Gam

bia

No

Art

icle

28

(1) W

omen

shal

l be

acco

rded

full

and

equa

l dig

nity

of t

he p

erso

n w

ith m

en.

(2) W

omen

shal

l hav

e th

e rig

ht to

equ

al tr

eatm

ent w

ith m

en, i

nclu

ding

equ

al o

ppor

tuni

ties i

n po

litic

al, e

cono

mic

and

so

cial

act

iviti

es.

Art

icle

33

(1) A

ll pe

rson

s sha

ll be

equ

al b

efor

e th

e la

w.

(2) S

ubje

ct to

the

prov

isio

ns o

f sub

sect

ion

(5),

no la

w sh

all m

ake

any

prov

isio

n w

hich

is d

iscr

imin

ator

y ei

ther

of i

tsel

f or

in it

s effe

ct.

(3) S

ubje

ct to

the

prov

isio

ns o

f sub

sect

ion

(5),

no p

erso

n sh

all b

e tre

ated

in a

dis

crim

inat

ory

man

ner b

y an

y pe

rson

ac

ting

by v

irtue

of a

ny la

w o

r in

the

perf

orm

ance

of t

he fu

nctio

ns o

f any

pub

lic o

ffice

or a

ny p

ublic

aut

horit

y.

(4) I

n th

is se

ctio

n, th

e ex

pres

sion

“di

scrim

inat

ion”

mea

ns a

fford

ing

diffe

rent

trea

tmen

t to

diffe

rent

per

sons

attr

ibut

able

w

holly

or m

ainl

y to

thei

r res

pect

ive

desc

riptio

ns b

y ra

ce, c

olou

r, ge

nder

, lan

guag

e, re

ligio

n, p

oliti

cal o

r oth

er o

pini

on,

natio

nal o

r soc

ial o

rigin

, pro

perty

, birt

h or

oth

er st

atus

whe

reby

per

sons

of o

ne su

ch d

escr

iptio

n ar

e su

bjec

ted

to

disa

bilit

ies o

r res

trict

ions

to w

hich

per

sons

of a

noth

er su

ch d

escr

iptio

n ar

e no

t mad

e su

bjec

t, or

are

acc

orde

d pr

ivile

ges o

r adv

anta

ges w

hich

are

not

acc

orde

d to

per

sons

of a

noth

er su

ch d

escr

iptio

n.

(5) S

ubse

ctio

n (2

) sha

ll no

t app

ly to

any

law

in so

far a

s tha

t law

mak

es p

rovi

sion

—

(a) w

ith re

spec

t to

pers

ons w

ho a

re n

ot c

itize

ns o

f The

Gam

bia

or to

qua

lific

atio

ns fo

r citi

zens

hip;

(b

) with

resp

ect t

o th

e qu

alifi

catio

ns p

resc

ribed

by

this

Con

stitu

tion

for a

ny o

ffice

; (c

) with

resp

ect t

o ad

optio

n, m

arria

ge, d

ivor

ce, b

uria

l, de

volu

tion

of p

rope

rty o

n de

ath

or o

ther

mat

ters

of p

erso

nal

law

; (d

) for

the

appl

icat

ion

in th

e ca

se o

f mem

bers

of a

par

ticul

ar ra

ce o

r trib

e of

cus

tom

ary

law

with

resp

ect t

o an

y m

atte

r in

the

case

of p

erso

ns w

ho, u

nder

that

law

, are

subj

ect t

o th

at la

w.

(6) S

ubse

ctio

n (3

) sha

ll no

t app

ly to

any

thin

g w

hich

is e

xpre

ssly

or b

y ne

cess

ary

impl

icat

ion

auth

oris

ed to

be

done

by

any

such

pro

visi

on o

f law

as i

s ref

erre

d to

in su

bsec

tion

(5).

Art

icle

216

(1

) The

Sta

te sh

all e

ndea

vour

to se

cure

and

pro

mot

e a

soci

ety

foun

ded

on th

e pr

inci

ples

of f

reed

om, e

qual

ity, j

ustic

e,

tole

ranc

e, p

robi

ty a

nd a

ccou

ntab

ility

. G

uine

a N

o A

rtic

le 4

Th

e la

w sh

all p

unish

any

act

of r

acia

l, et

hnic

or r

elig

ious

disc

rimin

atio

n, o

r any

regi

onal

istic

pro

paga

nda,

whi

ch c

ould

ha

ve a

gra

ve e

ffec

t on

natio

nal u

nity

, the

secu

rity

of th

e St

ate,

the

terr

itoria

l int

egrit

y of

the

Repu

blic

or t

he

dem

ocra

tic fu

nctio

ning

of i

ts in

stitu

tions

. A

rtic

le 8

A

ll hu

man

bei

ngs s

hall

be e

qual

bef

ore

the

law

. Men

and

wom

en h

ave

the

sam

e rig

hts.

No

one

shal

l be

favo

red

or

disa

dvan

tage

d by

reas

on o

f his

birt

h, h

is ra

ce, h

is e

thni

city

, his

lang

uage

, his

polit

ical

, phi

loso

phic

al o

r rel

igio

us

belie

fs a

nd o

pini

ons.

Mal

i N

o A

rtic

le 2

Ev

ery

Mal

ian

is b

orn

and

rem

ain

[sic

] fre

e an

d eq

ual i

n rig

hts a

nd d

utie

s. A

ll di

scrim

inat

ion

foun

ded

on so

cial

orig

in,

78

colo

r, la

ngua

ge, r

ace,

sex,

relig

ion

and

polit

ical

opi

nion

shal

l be

proh

ibite

d.

Mau

ritan

ia

Yes

A

rtic

le 1

…

The

Repu

blic

shal

l gua

rant

ee e

qual

ity b

efor

e th

e la

w to

all

of it

s citi

zens

, with

out d

istin

ctio

n as

to o

rigin

, rac

e, se

x or

soci

al c

ondi

tion…

N

iger

N

o A

rtic

le 8

…

The

Repu

blic

shal

l ass

ure

to a

ll th

e eq

ualit

y be

fore

the

law

with

out d

istin

ctio

n of

sex,

of s

ocia

l, et

hnic

or r

elig

ious

or

igin

…A

ll pa

rticu

laris

t pro

paga

nda

of re

gion

al, r

acia

l or e

thni

c ch

arac

ter,

all m

anife

stat

ion

of ra

cial

, eth

nic,

pol

itica

l or

relig

ious

dis

crim

inat

ion,

shal

l be

puni

shed

by

law

…

Sene

gal

No

Art

icle

1

The

Repu

blic

of S

eneg

al is

secu

lar,

dem

ocra

tic, a

nd so

cial

. It a

ssur

es th

e eq

ualit

y be

fore

the

law

of a

ll ci

tizen

s, w

ithou

t dis

tinct

ion

of o

rigin

, rac

e, se

x (o

r) re

ligio

n. It

resp

ects

all

faith

s. A

rtic

le 5

A

ny a

ct o

f rac

ial,

ethn

ic, o

r rel

igio

us d

iscr

imin

atio

n, a

s wel

l as a

ny re

gion

alis

t pro

paga

nda

whi

ch c

arrie

s affe

cts t

o th

e in

tern

al se

curit

y of

the

Stat

e or

to th

e te

rrito

rial i

nteg

rity

of th

e Re

publ

ic, a

re p

unish

ed b

y la

w.

Art

icle

7

…A

ll hu

man

bei

ngs a

re e

qual

bef

ore

the

law

. The

re is

in S

eneg

al n

o su

bjec

t, no

priv

ilege

of b

irth,

per

son

or fa

mily

. Si

erra

Leo

ne

No

Art

icle

6

(2)…

the

Stat

e sh

all p

rom

ote

natio

nal i

nteg

ratio

n an

d un

ity a

nd d

isco

urag

e di

scrim

inat

ion

on th

e gr

ound

s of p

lace

of

orig

in, c

ircum

stanc

e of

birt

h, se

x, re

ligio

n, st

atus

, eth

nic

or li

ngui

stic

asso

ciat

ion

or ti

es.

Art

icle

8

(1) T

he S

ocia

l Ord

er o

f the

Sta

te sh

all b

e fo

unde

d on

the

idea

ls o

f Fre

edom

, Equ

ality

and

Justi

ce.

(2) I

n fu

rther

ance

of t

he S

ocia

l Ord

er—

(a

) eve

ry c

itize

n sh

all h

ave

equa

lity

of ri

ghts,

obl

igat

ions

, and

opp

ortu

nitie

s bef

ore

the

law

, and

the

Stat

e sh

all e

nsur

e th

at e

very

citi

zen

has a

n eq

ual r

ight

and

acc

ess t

o al

l opp

ortu

nitie

s and

ben

efits

bas

ed o

n m

erit;

A

rtic

le 2

7 (1

) Sub

ject

to th

e pr

ovis

ions

of s

ubse

ctio

n (4

), (5

) and

(7),

no la

w sh

all m

ake

any

prov

isio

n w

hich

is d

iscr

imin

ator

y ei

ther

of i

tsel

f or i

n its

effe

ct.

(2) S

ubje

ct to

the

prov

isio

ns o

f sub

sect

ions

(6),

(7) a

nd (8

), no

per

son

shal

l be

treat

ed in

a d

iscr

imin

ator

y m

anne

r by

any

pers

on a

ctin

g by

virt

ue o

f any

law

or i

n th

e pe

rfor

man

ce o

f the

func

tions

of a

ny p

ublic

offi

ce o

r any

pub

lic

auth

ority

. (3

) In

this

sect

ion

the

expr

essi

on “

disc

rimin

ator

y” m

eans

affo

rdin

g di

ffere

nt tr

eatm

ent t

o di

ffere

nt p

erso

ns a

ttrib

utab

le

who

lly o

r mai

nly

to th

eir r

espe

ctiv

e de

scrip

tions

by

race

, trib

e, se

x, p

lace

of o

rigin

, pol

itica

l opi

nion

s, co

lour

or c

reed

w

here

by p

erso

ns o

f one

such

des

crip

tion

are

subj

ecte

d to

dis

abili

ties o

r res

trict

ions

to w

hich

per

sons

of a

noth

er su

ch

desc

riptio

n ar

e no

t mad

e su

bjec

t, or

are

acc

orde

d pr

ivile

ges o

r adv

anta

ges w

hich

are

not

acc

orde

d to

per

sons

of

anot

her s

uch

desc

riptio

n.

(4) S

ubse

ctio

n (1

) sha

ll no

t app

ly to

any

law

so fa

r as t

hat l

aw m

akes

pro

visi

on—

79

(a) f

or th

e ap

prop

riatio

n of

reve

nues

or o

ther

fund

s of S

ierr

a Le

one

or fo

r the

impo

sitio

n of

taxa

tion

(incl

udin

g th

e le

vyin

g of

fees

for t

he g

rant

of l

icen

ces)

; or

(b) w

ith re

spec

t to

pers

ons w

ho a

re n

ot c

itize

ns o

f Sie

rra

Leon

e; o

r (c

) with

resp

ect t

o pe

rson

s who

acq

uire

citi

zens

hip

of S

ierr

a Le

one

by re

gistr

atio

n or

by

natu

raliz

atio

n, o

r by

reso

lutio

n of

Par

liam

ent;

or

(d) w

ith re

spec

t to

adop

tion,

mar

riage

, div

orce

, bur

ial,

devo

lutio

n of

pro

perty

on

deat

h or

oth

er in

tere

sts o

f per

sona

l la

w; o

r (e

) for

the

appl

icat

ion

in th

e ca

se o

f mem

bers

of a

par

ticul

ar ra

ce o

r trib

e or

cus

tom

ary

law

with

resp

ect t

o an

y m

atte

r to

the

excl

usio

n of

any

law

with

resp

ect t

o th

at m

atte

r whi

ch is

app

licab

le in

the

case

of o

ther

per

sons

; or

(f) fo

r aut

horis

ing

the

taki

ng d

urin

g a

perio

d of

pub

lic e

mer

genc

y of

mea

sure

s tha

t are

reas

onab

ly ju

stifi

able

for t

he

purp

ose

of d

ealin

g w

ith th

e si

tuat

ion

that

exi

sts d

urin

g th

at p

erio

d of

pub

lic e

mer

genc

y; o

r (g

) whe

reby

per

sons

of a

ny su

ch d

escr

iptio

n as

men

tione

d in

subs

ectio

n (3

) may

be

subj

ecte

d to

any

dis

abili

ty o

r re

stric

tion

or m

ay b

e ac

cord

ed a

ny p

rivile

ge o

r adv

anta

ge w

hich

, hav

ing

rega

rd to

its n

atur

e an

d to

spec

ial

circ

umsta

nces

per

tain

ing

to th

ose

pers

ons o

r to

pers

ons o

f any

oth

er su

ch d

escr

iptio

n, is

reas

onab

ly ju

stifi

able

in a

de

moc

ratic

soci

ety;

or

(h) f

or th

e lim

itatio

n of

citi

zens

hip

or re

latin

g to

nat

iona

l reg

istra

tion

or to

the

colle

ctio

n of

dem

ogra

phic

stat

istic

s. (5

) Not

hing

con

tain

ed in

any

law

shal

l be

held

to b

e in

cons

isten

t with

or i

n co

ntra

vent

ion

of su

bsec

tion

(1) t

o th

e ex

tent

that

it m

akes

pro

visi

on w

ith re

spec

t to

qual

ifica

tions

for s

ervi

ce a

s a p

ublic

offi

cer o

r as a

mem

ber o

f a d

efen

ce

forc

e or

for t

he se

rvic

e of

a lo

cal g

over

nmen

t aut

horit

y or

a b

ody

corp

orat

e es

tabl

ished

dire

ctly

by

any

law

or o

f m

embe

rshi

p of

Par

liam

ent.

(6) S

ubse

ctio

n (2

) sha

ll no

t app

ly to

any

thin

g w

hich

is e

xpre

ssly

or b

y ne

cess

ary

impl

icat

ion

auth

oris

ed to

be

done

by

any

such

pro

visi

ons o

f law

as i

s ref

erre

d to

in su

bsec

tion

(4) o

r (5)

. (7

) Not

hing

con

tain

ed in

or d

one

unde

r the

aut

horit

y of

any

law

shal

l be

held

to b

e in

cons

iste

nt w

ith o

r in

cont

rave

ntio

n of

this

sect

ion

to th

e ex

tent

that

the

law

in q

uest

ion

mak

es p

rovi

sion

whe

reby

per

sons

of a

ny su

ch

desc

riptio

n as

is m

entio

ned

in su

bsec

tion

(3) m

ay b

e su

bjec

ted

to a

ny re

stric

tion

of th

e rig

hts a

nd fr

eedo

ms g

uara

ntee

d by

sec

tions

18,

22,

24,

25

and

26 b

eing

such

a re

stric

tion

as is

aut

horis

ed b

y su

bsec

tion

(3) o

f sec

tion

18, s

ubse

ctio

n (2

) of s

ectio

n 22

, sub

sect

ion

(5) o

f sec

tion

24, s

ubse

ctio

n (2

) of s

ectio

n 25

or s

ubse

ctio

n (2

) of s

ectio

n 26

, as t

he c

ase

may

be.

(8

) The

exe

rcis

e of

any

dis

cret

ion

rela

ting

to th

e in

stitu

tion,

con

duct

or d

isco

ntin

uanc

e of

civ

il or

crim

inal

pro

ceed

ings

in

any

cou

rt th

at is

ves

ted

in a

ny p

erso

n un

der o

r by

this

Con

stitu

tion

or a

ny o

ther

law

shal

l not

be

enqu

ired

into

by

any

Cou

rt on

the

grou

nds t

hat i

t con

trave

nes t

he p

rovi

sion

of s

ubse

ctio

n (2

). So

mal

ia

N

o in

tern

atio

nally

reco

gniz

ed g

over

nmen

t and

no

cons

titut

ion

avai

labl

e.

Suda

n N

o A

rtic

le 2

1 A

ll pe

ople

are

equ

al b

efor

e th

e co

urts

of la

w. S

udan

ese

are

equa

l in

right

s and

dut

ies a

s reg

ards

to fu

nctio

ns o

f pub

lic

life;

and

ther

e sh

all b

e no

dis

crim

inat

ion

only

by

reas

on o

f rac

e, se

x or

relig

ious

cre

ed. T

hey

are

equa

l in

elig

ibili

ty fo

r pu

blic

pos

ts a

nd o

ffice

s not

bei

ng d

iscr

imin

ated

on

the

basi

s of w

ealth

.

80

Euro

pe/E

uras

ia

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

Con

stitu

tiona

l Pro

visi

ons

for E

qual

ity a

nd P

rohi

bitio

n of

Dis

crim

inat

ion

Alb

ania

N

o A

rtic

le 1

8 1.

All

are

equa

l bef

ore

the

law

. 2.

No

one

may

be

unju

stly

dis

crim

inat

ed a

gain

st fo

r rea

sons

such

as g

ende

r, ra

ce, r

elig

ion,

eth

nici

ty, l

angu

age,

po

litic

al, r

elig

ious

or p

hilo

soph

ical

bel

iefs

, eco

nom

ic c

ondi

tion,

edu

catio

n, so

cial

stat

us, o

r anc

estry

. 3.

No

one

may

be

disc

rimin

ated

aga

inst

for r

easo

ns m

entio

ned

in p

arag

raph

2 if

reas

onab

le a

nd o

bjec

tive

lega

l gr

ound

s do

not e

xist.

A

zerb

aija

n N

o A

rtic

le 2

5 I.

Ever

yone

is e

qual

bef

ore

the

law

and

the

cour

t. II

. Men

and

wom

en h

ave

equa

l rig

hts a

nd fr

eedo

ms.

III.

Ever

yone

has

equ

al ri

ghts

and

free

dom

s irr

espe

ctiv

e of

race

, nat

iona

lity,

relig

ion,

sex,

orig

in, p

rope

rty st

atus

, so

cial

pos

ition

, con

vict

ions

, pol

itica

l par

ty, t

rade

uni

on o

rgan

izat

ion

and

soci

al u

nity

affi

liatio

n. L

imita

tions

or

reco

gniti

on o

f rig

hts a

nd fr

eedo

ms b

ecau

se o

f rac

e, n

atio

nalit

y, s

ocia

l sta

tus,

lang

uage

, orig

in, c

onvi

ctio

ns a

nd

relig

ion

are

proh

ibite

d.

Kyr

gyzs

tan

No

Art

icle

15

3. A

ll [p

erso

ns] i

n th

e K

yrgy

z R

epub

lic a

re e

qual

bef

ore

law

and

the

cour

t. N

o on

e ca

n be

subj

ect t

o an

y ki

nd o

f di

scrim

inat

ion,

vio

latio

n of

righ

ts an

d fr

eedo

ms o

n th

e gr

ound

of o

rigin

, gen

der,

race

, nat

iona

lity,

lang

uage

, rel

igio

n,

polit

ical

and

relig

ious

con

vict

ions

, or a

ny o

ther

con

ditio

ns a

nd c

ircum

stanc

es o

f per

sona

l or p

ublic

nat

ure.

A

rtic

le 2

2

1. L

aws o

f the

Kyr

gyz

Repu

blic

con

cern

ing

the

right

s and

free

dom

s of c

itize

ns m

ust b

e eq

ually

app

lied

to a

ll ci

tizen

s an

d no

t bes

tow

on

anyo

ne p

rivile

ges a

nd p

refe

renc

es, e

xcep

t for

cas

es p

rovi

ded

for b

y th

e C

onsti

tutio

n of

the

Kyr

gyz

Repu

blic

and

law

s for

the

soci

al p

rote

ctio

n of

citi

zens

. Ta

jikis

tan

No

Art

icle

17

All

are

equa

l bef

ore

the

law

and

cou

rt. T

he S

tate

gua

rant

ees t

he ri

ghts

and

free

dom

s of e

very

one

rega

rdle

ss o

f his

na

tiona

lity,

race

, gen

der,

lang

uage

, rel

igio

us b

elie

fs, p

oliti

cal p

ersu

asio

n, e

duca

tion,

[and

] soc

ial a

nd p

rope

rty st

atus

. M

en a

nd w

omen

hav

e eq

ual r

ight

s. Tu

rkey

N

o A

rtic

le 1

0 A

ll in

divi

dual

s are

equ

al w

ithou

t any

dis

crim

inat

ion

befo

re th

e la

w, i

rres

pect

ive

of la

ngua

ge, r

ace,

col

our,

sex,

po

litic

al o

pini

on, p

hilo

soph

ical

bel

ief,

relig

ion

and

sect

, or a

ny su

ch c

onsi

dera

tions

. N

o pr

ivile

ge c

an b

e gr

ante

d to

any

indi

vidu

al, f

amily

, gro

up o

r cla

ss.

Stat

e or

gans

and

adm

inis

trativ

e au

thor

ities

act

in c

ompl

ianc

e w

ith th

e pr

inci

ple

of e

qual

ity b

efor

e th

e la

w in

all

thei

r pr

ocee

ding

s. Tu

rkm

enis

tan

No

Art

icle

17

Turk

men

ista

n gu

aran

tees

the

equa

lity

of ri

ghts

and

free

dom

s of c

itize

ns a

s wel

l as t

he e

qual

ity o

f citi

zens

bef

ore

the

law

rega

rdle

ss o

f nat

iona

lity,

orig

in, p

rope

rty a

nd o

ffici

al st

atus

, pla

ce o

f res

iden

ce, l

angu

age,

atti

tude

tow

ard

relig

ion,

po

litic

al c

onvi

ctio

n [o

r] p

oliti

cal a

ffilia

tion.

81

Cou

ntry

Is

lam

Sta

te

Rel

igio

n?

Con

stitu

tiona

l Pro

visi

ons

for E

qual

ity a

nd P

rohi

bitio

n of

Dis

crim

inat

ion

Art

icle

18

A m

an a

nd a

wom

an in

Tur

kmen

ista

n ha

ve e

qual

civ

il rig

hts.

Vio

latio

n of

equ

ality

of r

ight

s on

grou

nds o

f gen

der

enta

ils re

spon

sibi

lity

acco

rdin

g to

law

. U

zbek

ista

n N

o A

rtic

le 1

8 A

ll ci

tizen

s of t

he R

epub

lic o

f Uzb

ekis

tan

shal

l hav

e eq

ual r

ight

s and

free

dom

s, an

d sh

all b

e eq

ual b

efor

e th

e la

w,

with

out d

iscr

imin

atio

n by

sex

, rac

e, n

atio

nalit

y, la

ngua

ge, r

elig

ion,

soci

al o

rigin

, con

vict

ions

, ind

ivid

ual a

nd so

cial

st

atus

. A

rtic

le 4

6 W

omen

and

men

shal

l hav

e eq

ual r

ight

s.

82

D. Population Data and Freedom of Religion Provisions of Non-Muslim Countries with Significant Muslim Populations158

India159 Population Data Estimated Muslim Population: 120,000,000 Estimated % Muslim Population: 12% Religious or Secular State? Constitution preamble: sovereign socialist secular democratic republic Constitutional Formulation Article 14 The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15 (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 25 (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. …

158 See supra note 87. 159 INDIA CONST. (as amended to 2002).

83

Explanation II—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. Article 26 Subject to public order, morality and health, every religious denomination or any section thereof shall have the right— (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. Article 27 No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. Article 28 (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. Article 30 (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. Article 51A It shall be the duty of every citizen of India—; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

84

Nigeria160 Population Data Estimated Muslim Population: 68,500,000 Estimated % Muslim Population: 50% Religious or Secular State? n/a Constitutional Formulation Article 10 The Government of the Federation or of a State shall not adopt any religion as State Religion. Article 15 (2) …national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited. (3) For the purpose of promoting national integration, it shall be the duty of the State to— (c) encourage inter-marriage among persons from different places of origin, or of different religious, ethnic or linguistic association or ties; and (d) promote or encourage the formation of associations that cut across ethnic, linguistic, religious or other sectional barriers. Article 23 The national ethics shall be Discipline, Integrity, Dignity of Labour, Social Justice, Religious Tolerance, Self-reliance and Patriotism. Article 38 (1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction, ceremony or observance relates to a religion other than his own, or a religion not approved by his parent or guardian. (3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination. (4) Nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society. Article 42 (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person— (a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to

160 NIG. CONST.

85

which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or (b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions. Article 262 (1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law. (2) For the purposes of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide— (a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant; (b) where all the parties to the proceedings are muslims, any question of Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the guardianship of an infant; (c) any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a muslim; (d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a muslim or the maintenance or the guardianship of a muslim who is physically or mentally infirm; or (e) where all the parties to the proceedings, being muslims, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.161

161 The Nigerian constitution also provides for the establishment of state-level sharia courts. NIG. CONST. arts. 275-79.

86

China162 Population Data Estimated Muslim Population: 20,000,000 Estimated % Muslim Population: 1.4% Religious or Secular State? n/a Constitutional Formulation Article 4 All nationalities in the People’s Republic of China are equal. The state protects the lawful rights and interests of the minority nationalities and upholds and develops the relationship of equality, unity and mutual assistance among all of China’s nationalities. Discrimination against and oppression of any nationality are prohibited; any acts that undermine the unity of the nationalities or instigate their secession are prohibited. Article 33 All citizens of the People’s Republic of China are equal before the law. Every citizen enjoys the rights and at the same time must perform the duties prescribed by the constitution and the law. Article 36 Citizens of the People’s Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination. Article 48 Women in the People’s Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural and social, including family life.

162 P.R.C. CONST. (as amended to 1999).

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Russia163 Population Data Estimated Muslim Population: 20,000,000 Estimated % Muslim Population: 14% Religious or Secular State? Secular Constitutional Formulation Article 13 1. In the Russian Federation, ideological diversity is recognized. 2. No ideology can be instituted as a state-sponsored or mandatory. Article 14 1. The Russian Federation is a secular state. No religion may be instituted as state-sponsored or mandatory. 2. Religious associations are separated from the state, and are equal before the law. Article 19 1. All are equal before the law and the court. 2. The State guarantees the equality of rights and freedoms without regard to gender, race, nationality, language, origin, property or employment condition, attitude toward religion, membership in public associations or any other circumstances. Any forms of limitation of rights of man and citizen on social, racial, linguistic or religious grounds [are prohibited]. 3. Man and women have equal rights and freedoms and equal possibilities of their realization. Article 28 Everyone is guaranteed the freedom of conscience, freedom of religious worship, including the right to profess, individually or jointly with others, any religion, or to profess no religion, to freely choose, posses and disseminate religious or other beliefs, and to act in conformity with them. Article 29 1. Everyone is guaranteed the freedom of thought and speech. 2. Inadmissible are propaganda or agitation, inciting social racial, national hatred and strife. Forbidden are propaganda of social, racial, national, religious or racial superiority.

163 RUSS. CONST.

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Ethiopia164 Population Data Estimated Muslim Population: 31,950,000 Estimated % Muslim Population: 45% Religious or Secular State? n/a Constitutional Formulation Article 11 1. State and religion are separate. 2. There shall be no state religion. 3. The state shall not interfere in religious matters and religion shall not interfere in state affairs. Article 25 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall guarantee to all persons equal and effective protection without discrimination on grounds of race, nation, nationality, or other social origin, colour, sex, language, religion, political or other opinion, property, birth or other status. Article 27 1. Everyone has the right to freedom of thought, conscience and religion. This right shall include the freedom to hold or to adopt a religion or belief of his choice, and the freedom, either individually or in community with others, and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. Without prejudice to the provisions of sub-Article 2 of Article 90, believers may establish institutions of religious education and administration in order to propagate and organize their religion. 3. No one shall be subject to coercion or other means which would restrict or prevent his freedom to hold a belief of his choice. 4. Parents and legal guardians have the right to bring up their children ensuring their religious and moral education in conformity with their own convictions. 5. Freedom to express or manifest one’s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, peace, health, education, public morality or the fundamental rights and freedoms of others, and to ensure the independence of the state from religion. Article 34 1. Men and women, without any distinction as to race, nation, nationality or religion, who have attained marrigeable [sic] age as defined by law, have the right to marry and found a family. They have equal rights while entering into, during marriage and at the time of divorce. 5. This Constitution shall not preclude the adjudication of disputes relating to personal and family laws in accordance with religious or customary laws, with the consent of the parties to the dispute. Particulars shall be determined by law. Article 35

164 ETH. CONST.

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1. Women shall, in the enjoyment of rights and protections provided for by this Constitution, have equal right with men. 7. Women have the right to acquire, administer, control, use and transfer property. In particular, they have equal rights with men with respect to use, transfer, administration and control of land. They shall also enjoy equal treatment in the inheritance of property. Article 90 2. Education shall be provided in a manner that is free from any religious influence, political partisanship or cultural prejudices.

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Tanzania165 Population Data Estimated Muslim Population: 12,600,000 Estimated % Muslim Population: 35% Religious or Secular State? n/a Constitutional Formulation Article 9 The object of this Constitution is to facilitate the building of the United Republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of Socialism and Self Reliance which emphasises the application of socialist principles while taking into account the conditions prevailing in the United Republic. Therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring— (g) that the Government and all its agencies provide equal opportunities to all citizens, men and women alike without regard to their colour, tribe, religion, or station in life; Article 13 (1) All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law. (2) No law enacted by any authority in the United Republic shall make any provision that is discriminatory either of itself or in its effect. (5) For the purposes of this Article the expression “discriminate” means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion or station in life such that certain categories of people are regarded as weak or inferior and are subjected to restrictions or conditions whereas persons of other categories are treated differently or are accorded opportunities or advantage outside the specified conditions or the prescribed necessary qualifications. Article 19 (1) Every person has the right to the freedom of thought or conscience, belief or faith, and choice in matters of religion, including the freedom to change his religion or faith. (2) Without prejudice to the [r]elevant laws of the United Republic the profession of religion, worship and propagation of religion shall be free and a private affair of an individual; and the affairs and management of religious bodies shall not be part of the activities of the state authority. (3) In this Article reference to the word “religion” shall be construed as including reference to religious denominations, and cognate expressions shall be construed accordingly.

165 TANZ. CONST. (as amended to 1995).

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E. Selected International Human Rights Documents

1. Universal Declaration of Human Rights 1948 UN Doc. A/811 Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

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Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6 Everyone has the right to recognition everywhere as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention or exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

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2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13

1. Everyone has the right to freedom of movement and residence within the borders of each State.

2. Everyone has the right to leave any country, including his own, and to return to his country. Article 14

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-

political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15

1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his

nationality. Article 16

1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection

by society and the State. Article 17

1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19

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Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20

1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association.

Article 21

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

2. Everyone has the right to equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be

expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23

1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself

and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

4. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional

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education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

3. Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Article 29

1. Everyone has duties to the community in which alone the free and full development of his personality is possible.

2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

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2. International Covenant on Civil and Political Rights 1966 UN Doc. A/6316 (1966) (select articles) Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to all

individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are

violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Article 4 1. In time of public emergency which threatens the life of the nation and the existence of which

is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or

person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is

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provided for in the present Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human rights

recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Article 18 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall

include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to

seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public

health or morals. Article 20 1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to

discrimination, hostility or violence shall be prohibited by law. Article 21 The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. Article 22 1. Everyone shall have the right to freedom of association with others, including the right to

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form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are

prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organization Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.

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3. UN Human Rights Committee, General Comment No. 22: The Right to Freedom of Thought, Conscience and Religion (ICCPR Art. 18) 1994

UN Doc. CCPR/C/21/Rev.1/Add.4 1. The right to freedom of thought, conscience and religion (which includes the freedom to hold beliefs) in article 18.1 is far-reaching and profound; it encompasses freedom of thought on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others. The Committee draws the attention of States parties to the fact that the freedom of thought and the freedom of conscience are protected equally with the freedom of religion and belief. The fundamental character of these freedoms is also reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4.2 of the Covenant. 2. Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms “belief” and “religion” are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reason, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility on the part of a predominant religious community. 3. Article 18 distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. It does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one’s choice. These freedoms are protected unconditionally, as is the right of everyone to hold opinions without interference in article 19.1. In accordance with articles 18.2 and 17, no one can be compelled to reveal his thoughts or adherence to a religion or belief. 4. The freedom to manifest religion or belief may be exercised “either individually or in community with others and in public or private”. The freedom to manifest religion or belief in worship, observance, practice and teaching encompasses a broad range of acts. The concept of worship extends to ritual and ceremonial acts giving direct expression to belief, as well as various practices integral to such acts, including the building of places of worship, the use of ritual formulae and objects, the display of symbols, and the observance of holidays and days of rest. The observance and practice of religion or belief may include not only ceremonial acts but also such customs as the observance of dietary regulations, the wearing of distinctive clothing or headcoverings, participation in rituals associated with certain stages of life, and the use of a particular language customarily spoken by a group. In addition, the practice and teaching of religion or belief includes acts integral to the conduct by religious groups of their basic affairs, such as the freedom to choose their religious leaders, priests and teachers, the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications. 5. The Committee observes that the freedom to “have or to adopt” a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one’s current religion or belief with another or to adopt atheistic views, as well as the right to retain one’s

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religion or belief. Article 18.2 bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as, for example, those restricting access to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant, are similarly inconsistent with article 18.2. The same protection is enjoyed by holders of all beliefs of a non-religious nature. 6. The Committee is of the view that article 18.4 permits public school instruction in subjects such as the general history of religions and ethics if it is given in a neutral and objective way. The liberty of parents or legal guardians to ensure that their children receive a religious and moral education in conformity with their own convictions, set forth in article 18.4, is related to the guarantees of the freedom to teach a religion or belief stated in article 18.1. The Committee notes that public education that includes instruction in a particular religion or belief is inconsistent with article 18.4 unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians. 7. In accordance with article 20, no manifestation of religion or belief may amount to propaganda for war or advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. As stated by the Committee in its General Comment 11 [19], States parties are under the obligation to enact laws to prohibit such acts. 8. Article 18.3 permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. The freedom from coercion to have or to adopt a religion or belief and the liberty of parents and guardians to ensure religious and moral education cannot be restricted. In interpreting the scope of permissible limitation clauses, States parties should proceed from the need to protect the rights guaranteed under the Covenant, including the right to equality and non-discrimination on all grounds specified in articles 2, 3 and 26. Limitations imposed must be established by law and must not be applied in a manner that would vitiate the rights guaranteed in article 18. The Committee observes that paragraph 3 of article 18 is to be strictly interpreted: restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a discriminatory manner. The Committee observes that the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition. Persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent compatible with the specific nature of the constraint. States parties’ reports should provide information on the full scope and effects of limitations under article 18.3, both as a matter of law and of their application in specific circumstances.

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9. The fact that a religion is recognized as a state religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any discrimination against adherents to other religions or non-believers. In particular, certain measures discriminating against the latter, such as measures restricting eligibility for government service to members of the predominant religion or giving economic privileges to them or imposing special restrictions on the practice of other faiths, are not in accordance with the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26. The measures contemplated by article 20, paragraph 2 of the Covenant constitute important safeguards against infringement of the rights of religious minorities and of other religious groups to exercise the rights guaranteed by articles 18 and 27, and against acts of violence or persecution directed towards those groups. The Committee wishes to be informed of measures taken by States parties concerned to protect the practices of all religions or beliefs from infringement and to protect their followers from discrimination. Similarly, information as to respect for the rights of religious minorities under article 27 is necessary for the Committee to assess the extent to which the right to freedom of thought, conscience, religion and belief has been implemented by States parties. States parties concerned should also include in their reports information relating to practices considered by their laws and jurisprudence to be punishable as blasphemous. 10. If a set of beliefs is treated as official ideology in constitutions, statutes, proclamations of ruling parties, etc., or in actual practice, this shall not result in any impairment of the freedoms under article 18 or any other rights recognized under the Covenant nor in any discrimination against persons who do not accept the official ideology or who oppose it. 11. Many individuals have claimed the right to refuse to perform military service (conscientious objection) on the basis that such right derives from their freedoms under article 18. In response to such claims, a growing number of States have in their laws exempted from compulsory military service citizens who genuinely hold religious or other beliefs that forbid the performance of military service and replaced it with alternative national service. The Covenant does not explicitly refer to a right to conscientious objection, but the Committee believes that such a right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one’s religion or belief. When this right is recognized by law or practice, there shall be no differentiation among conscientious objectors on the basis of the nature of their particular beliefs; likewise, there shall be no discrimination against conscientious objectors because they have failed to perform military service. The Committee invites States parties to report on the conditions under which persons can be exempted from military service on the basis of their rights under article 18 and on the nature and length of alternative national service.

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4. UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief 1981

UN Doc. A/36/684 Considering that one of the basic principles of the Charter of the United Nations is that of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action in co-operation with the Organization to promote and encourage universal respect for the observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, Considering that the Universal Declaration on Human Rights [General Assembly Resolution 217A (III)] and the International Covenants on Human Rights [General Assembly Resolution 2200A (XXI)] proclaim the principles of non-discrimination and equality before the law and the right to freedom of thought, conscience, religion and belief, Considering that the disregard and infringement of human rights and fundamental freedoms, in particular of the right to freedom of thought, conscience, religion or whatever belief, have brought, directly or indirectly, wars and great suffering to mankind, especially where they serve as a means of foreign interference in the internal affairs of other States and amount to kindling hatred between peoples and nations, Considering that religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respected and guaranteed, Considering that it is essential to promote understanding, tolerance and respect in matters relating to freedom of religion and belief to ensure that the use of religion or belief for ends inconsistent with the Charter, other relevant instruments of the United Nations and the purposes and principles of the present Declaration is inadmissible, Convinced that freedom of religion and belief should also contribute to the attainment of the goals of world peace, social justice and friendship among peoples and to the elimination of ideologies or practices of colonialism and racial discrimination, Noting with satisfaction the adoption of several, and the coming force of some, conventions, under the aegis of the United Nations and of the specialized agencies, for the elimination of various forms of discrimination, Concerned by manifestations of intolerance and by the existence of discrimination in matters of religion or belief still in evidence in some areas of the world, Resolved to adopt all necessary measures for the speedy elimination of such intolerance in all its forms and manifestations and to prevent and combat discrimination on the grounds of religion of belief,

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Proclaims this Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief: Article 1 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall

include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others, and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.

Article 2 1. No one shall be subject to discrimination by any State, institution, group of persons or person

on the grounds of religion or other beliefs. 2. For the purposes of the present Declaration, the expression “intolerance and discrimination

based on religion or belief” means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.

Article 3 Discrimination between human beings on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration on Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations. Article 4 1. All States shall take effective measures to prevent and eliminate discrimination on the

grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life.

2. All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter.

Article 5 1. The parents or, as the case may be, the legal guardians of the child have the right to organize

the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up.

2. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or legal guardians, the best interests of the child being the guiding principle.

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3. The child shall be protected from any form of discrimination on the grounds of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.

4. In the case of a child who is not under the care either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle.

5. Practices of a religion or beliefs in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account article 1, paragraph 3, of the present Declaration.

Article 6 In accordance with article 1 of the present Declaration, and subject to the provisions of article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms:

(a) To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes;

(b) To establish and maintain appropriate charitable or humanitarian institutions; (c) To make, acquire and use to an adequate extent the necessary articles and

materials related to the rites or customs of a religion or belief; (d) To write, issue and disseminate relevant publications in these areas; (e) To teach a religion or belief in places suitable for these purposes; (f) To solicit and receive voluntary financial and other contributions from individuals

and institutions; (g) To train, appoint, elect or designate by succession appropriate leaders called for

by the requirements and standards of any religion or belief; (h) To observe days of rest and to celebrate holidays and ceremonies in accordance

with the precepts of one’s religion or belief; (i) To establish and maintain communications with individuals and communities in

matters of religion and belief at the national and international levels. Article 7 The rights and freedoms set forth in the present Declaration shall be accorded in national legislations in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice. Article 8 Nothing in the present Declaration shall be construed as restricting or derogating from any right defined in the Universal Declaration on Human Rights and the International Covenants on Human Rights.

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5. Vienna Concluding Document of the Organization for Security and Cooperation in Europe (OSCE) 1986

[The following predominantly Muslim countries are members of the OSCE: Albania, Azerbaijan, Kyrgyzstan, Tajikistan, Turkey, Turkmenistan, and Uzbekistan. OSCE Mediterranean Partners and Partners for Cooperation include Algeria, Egypt, Jordan, Lebanon, Libya, Morocco, Syria and Tunisia.] Principles (16) In order to ensure the freedom of the individual to profess and practice religion or belief, the participating States will, inter alia, (16.1) take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers; (16.2) foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers; (16.3) grant upon their request to communities of believers, practicing or prepared to practice their faith within the constitutional framework of their States, recognition of the status provided for them in their respective countries; (16.4) respect the right of these religious communities to

- establish and maintain freely accessible places of worship or assembly, - organize themselves according to their own hierarchical and institutional

structure, - select, appoint and replace their personnel in accordance with their respective

requirements and standards as well as with any freely accepted arrangement between them and their State,

- solicit and receive voluntary financial and other contributions; (16.5) engage in consultations with religious faiths, institutions and organizations in order to achieve a better understanding of the requirements of religious freedom; (16.6) respect the right of everyone to give and receive religious education in the language of his choice, whether individually or in association with others; (16.7) in this context respect, inter alia, the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions; (16.8) allow the training of religious personnel in appropriate institutions;

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(16.9) respect the right of individual believers and communities of believers to acquire, possess, and use sacred books, religious publications in the language of their choice and other articles and materials related to the practice of religion or belief, (16.10) allow religious faiths, institutions and organizations to produce, import and disseminate religious publications and materials; (16.11) favourably consider the interest of religious communities to participate in public dialogue, including through the mass media. (17) The participating States recognize that the exercise of the above-mentioned rights relating to the freedom of religion or belief may be subject only to such limitations as are provided by law and consistent with their obligations under international law and with their international commitments. They will ensure in their laws and regulations and in their application the full and effective exercise of the freedom of thought, conscience, religion or belief.