Freedom of religion in Bhutan

Last updated

The Bhutanese Constitution of 2008 and previous law provide for freedom of religion in Bhutan; however, the government has limited non-Buddhist missionary activity, barring non-Buddhist missionaries from entering the country, limiting construction of non-Buddhist religious buildings, and restricting the celebration of some non-Buddhist religious festivals.

Contents

Overview

Drukpa Kagyu (Mahayana) Buddhism is the state religion, although in the southern areas many citizens openly practice Hinduism. Since the year 2015 Hinduism is also considered as the national religion of country.

Societal and governmental pressure for conformity with Buddhist norms is prevalent. [1]

[2]

In 2022 Freedom House rated Bhutan’s religious freedom as 2 out of 4, [3] noting that the constitution protects freedom of religion, but local authorities are known to harass non-Buddhists and people have experienced pressure to participate in Buddhist ceremonies and practices.

In the same year, the country was ranked as the 40th worst place in the world to be a Christian. [4]

Religious demography

The official religion in Bhutan is Buddhism, which is practiced by between 73-85% of the population; [1] the rest of the population is mainly Hindu.

Approximately two-thirds to three-quarters of the population practice Drukpa Kagyu or Nyingma Buddhism, both of which are disciplines of Mahayana Buddhism. Approximately one-quarter of the population are ethnic Nepalese and practice Hinduism. They live mainly in the south and follow the Shaivite, Vaishnavite, Shakta, Ganapatya, Puranic, and Vedic schools. Christians both Roman Catholic and Protestant and nonreligious groups comprised less than one percent of the population. Bön, the country's animist and shamanistic belief system, revolves around the worship of nature and predates Buddhism. Very few citizens adhere exclusively to this religious group. [1]

In 2021, the population was estimated at 857,000. According to a 2012 report by the Pew Research Center, approximately 75% of the population follows Buddhism and 23% are Hindu. Hindus reside mostly in southern areas adjacent to India. The 2020 report by the World Christian Database estimated that Buddhists comprised 83% of the population and Hindus 11% in 2019. [5]

The 2012 Pew Research Center report estimates of the size of the Christian community ranges from 0.5% to 3.6% of the total population. The Open Doors report covering 2021 estimates the Christian population at 30,000 (approximately 3.5 percent). Most Christians reside in urban areas in the south of the country [5]

The most authoritative law regarding religious freedom in Bhutan is its Constitution. Other ancillary acts of Bhutanese legislation provide the substantive and procedural framework to ensure religious freedom and regulate religious bodies. Religious freedom in Bhutan is shaped by the evolving laws and policies of the Bhutanese government regarding discrimination, organizations, national security and social order, and family law. Although Bhutan’s National Assembly had banned open practice of non-Buddhist and non-Hindu religions by passing resolutions in 1969 and in 1979, the current legal framework on its face unequivocally provides religious freedom for all. [6] [7]

Constitution

The Constitution of 2008 affirms the Drukpa Kagyu sect as the state religion, though it designates the King of Bhutan as the protector of all religions in Bhutan. [6] [nb 1] Under Bhutan's current constitutional framework, freedom of religion is guaranteed; however, the Constitution places limits on political activity by religious figures and on proselytism.

Under the Constitution, religious institutions and personalities have a duty "to promote the spiritual heritage of the country while also ensuring that religion remains separate from politics" and that religious institutions and personalities remain "above politics," [6] [nb 2] which is construed to disqualify registered monks from voting as well as running for office. [8] The Constitution further prohibits political parties or activities based on religion. [6] [nb 3]

The Constitution guarantees every Bhutanese citizen "the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement." [6] [nb 4] It further provides "[a]ll persons are equal before the law and are entitled to equal and effective protection of the law and shall not be discriminated against on the grounds of race, sex, language, religion, politics or other status." [6] [nb 5] The constitutional clause regarding "coercion or inducement" has been interpreted by a district court to prohibit not only forced conversion but also proselytism in the case of a Christian missionary pastor who used a generator and a projector. [9]

Chhoedey Lhentshog

The Religious Organizations Act of 2007 aims to protect and preserve the spiritual heritage of Bhutan through providing for the registration and administration of religious organizations. [10] [nb 6] To meet those goals, the Act creates the Chhoedey Lhentshog as the regulatory authority on religious organizations. [10] [nb 7] This body is composed of eight persons, six of whom have decision making power: a Cabinet Minister appointed by the Prime Minister as the chairperson; the Tshugla Lopon of the Gedun Dratshang , an ex officio member; one eminent member of the National Council; one eminent Trulku, Khenpo, or Lam nominated by the Lams of the Nyingma Chhoedey; one eminent Anim nominated by Heads of Anim Chhoedey; one eminent Pandit nominated by the Pandits of Hindu Dharmic Samudai; a senior official from the Ministry of Finance appointed by the Finance Minister; and the Director of Culture, Ministry of Home and Cultural Affairs, an ex officio member secretary. [10] [nb 8] The Chhoedey Lhentshog is tasked with managing, monitoring, and regulating all religious organizations except the Gedun Dratshang (overseen by the monastic authority); with promoting the principles and values of peace, non-violence, compassion and tolerance; and with creating conditions that will enable "the true and sustainable development of a good and compassionate society rooted in Buddhist ethos." [10] [nb 9] Religious organizations, in turn, must be transparent and accountable, and "respect indigenous knowledge and customs, individuals’ dignity, identity, culture and values." [10] [nb 10]

The Religious Organizations Act requires each religious organization to register with the Chhoedey Lhentshog, which in turn issues a certificate of registration if the applicant organization meets the requirements of the Act. The registrant must hold Bhutanese citizenship and disclose his assets, educational qualifications, and any criminal convictions. In the vent of a denial, the Act provides for appeal to the courts. [10] [nb 11]

When a group receives recognition through registration, a group still requires permission from local authorities to hold public meetings. Receiving foreign aid or inviting foreign speakers is subject to special permission from the Ministry of Home and Cultural Affairs. [7] Otherwise, registered organizations enjoy exemption from taxes and a series rights and duties incident to corporate personhood. Organizations must, among other duties, report assets, contributions, expenditures, and liabilities to the Chhoedey Lhentshog, which maintains public records. [10] [nb 12] The Religious Organizations Act also outlines specific requirements for organizations' internal workings, providing a framework analogous to codes in other countries for nonprofit or religious corporations. For all religious organizations, the Act specifies corporate structure; bylaw requirements; meeting and quorum rules; corporate liabilities; fundraising and collection rules; merger; and dissolution and disposal of assets. [10] [nb 13] The Act further codifies the elements of six offenses specifically in relation to religious organizations and their members: false statements; false or misleading information; breach of trust; misuse of investment; unlawful collection; and illegal fundraising. Illegal fundraising is defined as a petty misdemeanor resulting in a fine or suspension or cancellation of registration. All other crimes are delegated to the Penal Code for definition.

By March 2009, no religious organizations had actually been registered, and the Chhoedey Lhentshog had just had its first meeting. [11] In September 2010, the Chhoedey Lhentshog published a list of fourteen categories of religious personalities, including gomchens , anims , trulkus , khenpos , latruels , pujariyas , and pandits , who were prohibited from participating in secular elections; the common element among the categories was the receipt of monetary assistance from the government. Some such persons serve as civil servants, however. [12] By November 2010, the Chhoedey Lhentshog was committed to discussing how a Christian organization could be registered to represent its community at its next semiannual meeting. [10] [nb 14] [7] After this statement but ahead of any results, the government was seen by as likely to register only one Christian organization and to expect it to represent all Christians in Bhutan, calling for Christian unity. Similarly, Hindus, constituting around 22 percent of the population, were also represented by a single legal entity, the Hindu Dharma Samudaya (Hindu Religion Community) of Bhutan. [7]

Other laws on religion

Law enforcement also reflects the policy of the government toward freedom of religion, particularly toward the protection of individuals' religious identities. The National Security Act prohibits "words either spoken or written, or by other means whatsoever, that promote or attempt to promote, on grounds of religion, race, language, caste or community, or on any other ground whatsoever, feelings of enmity or hatred between different religious, racial or language groups or castes and communities." Violating the NSA is punishable with up to 3 years' imprisonment although by 2007, it was not clear that the government has enforced this provision of the act. [2] As of November 2010, parliament was reportedly in the process of revising the Penal Code to include conversions "by force or allurement." [7]

The Marriage Act of 1980, as amended in 1996, addresses questions of family law subjects such as marriage, divorce, adoption, and child custody. Traditionally, Buddhists and Hindus have resolved questions of family law according to their religion; however, this is changing as the country takes steps to strengthen its legal system. The country's evolving legal system is based on customary law and Buddhist precepts. [2]

Status of religious freedom

The law provides for freedom of religion; however, the Government limited this right in practice. Mahayana Buddhism is the state religion. The Government discouraged both large and small religious gatherings of non-Buddhists, did not allow construction of non-Buddhist places of worship, and did not allow non-Buddhist missionaries to work in the country. No new buildings, including new places of worship, could be constructed without licenses. While previous law did not restrict the right to convert or proselytize, proselytism was prohibited based on a Royal Government decision. There were, however, no laws against publishing religious material. [2]

An annual government grant finances the country's monastic body of 3,500 monks. The Government committed to providing this support as a result of the 1956 land reform program, which stripped the monastic establishment of wide tracts of fertile land for redistribution among the landless. As of 2007, 10 seats in the 150-seat National Assembly and 2 seats on the 11-member Royal Advisory Council were reserved for Buddhist monks by statute and out of respect for the country's tradition of Buddhist spiritual oversight. There are no religious stipulations on the remaining seats. Many non-Buddhists have worked for the Government. In 2007, the Special Commission for Cultural Affairs, with a Hindu priest as a member, also advised on religious matters. Major Buddhist holy days are state holidays. The King declared one major Hindu festival as a national holiday. [1]

As of 2007, NGO representatives living outside the country and dissidents reported to U.S. State Department sources that only Drukpa Kagyu and Nyingma Buddhist religious teaching was permitted in schools, and that Buddhist prayer was compulsory in all government run schools. The Government contended that there was no religious curriculum in modern educational institutions in the country. Buddhist teaching was permitted only in monastic schools; religious teaching was forbidden in other schools. Local NGO interlocutors confirmed that although students took part in a prayer session each morning, it was nondenominational and not compulsory. [2]

In the early 2000s, the Government required all citizens to conform to driglam namzha , namely by wearing the traditional Ngalop dress in public places; however, the government only strictly enforced this law for visits to Buddhist religious buildings, monasteries, government offices, schools, and for attendance at official functions and public ceremonies. Some citizens commented that enforcement of this law was arbitrary and sporadic. [2]

Restrictions on religious freedom

Followers of religious groups other than Buddhism and Hinduism generally were free to worship in private homes, but NGOs alleged that they were prohibited from erecting religious buildings or congregating in public. Some Christian groups reported that religious meetings must be held discreetly, especially in rural areas, for fear of the authorities.

Government approval is required to construct religious buildings and religious structures must adhere to traditional architectural standards; reports by ethnic Nepalese citizens suggested that the legal process favored Buddhist temples over Hindu temples. [1] The government provided financial assistance for the construction of Buddhist temples and shrines and state funding for monks and monasteries. NGOs alleged that the government rarely granted permission to build Hindu temples; however, the Devi Panchayan Temple in Thimphu was approved and funded by the government and was opened in September 2022. [1]

Certain senior civil servants, regardless of religion, are required to take an oath of allegiance to the king, the country, and the people. [6] [nb 15] The oath does not have religious content, but a Buddhist lama administers it. Dissidents alleged that applicants have been asked their religion before receiving government services.

In January 2006 authorities arrested two civil servants in the village of Nago in Paro District, accusing them of engaging in acts of proselytism under the false pretext of holding an official meeting, maligning the Spiritual Head of Bhutan, posing as officials on official business, and giving false information. In accordance with provisions in the Penal Code and the National Security Act, both men were found guilty in a district court. Christian groups maintained the men were arrested due to their religious beliefs since, according to these groups, the men were arrested while showing a Christian film in a Buddhist home. They were sentenced in early June 2006 in an open trial with a public hearing to three and a half years and three years in prison. They did not appeal the court judgment, although the right to appeal was provided for by law. On July 28, 2006, both men were released after payment of a fine. [2]

See also

Notes

  1. ↑ Constitution: Art. 3, §§ 1, 2
  2. ↑ Constitution: Art. 3, § 3
  3. ↑ Constitution: Art. 15, §§ 3, 4(b)
  4. ↑ Constitution: Art. 7, § 4
  5. ↑ Constitution: Art. 7, § 15
  6. ↑ Rel. Org. Act: Preamble; § 6
  7. ↑ Rel. Org. Act: Chs. 3–18
  8. ↑ Rel. Org. Act: § 7
  9. ↑ Rel. Org. Act: §§ 4, 12–16
  10. ↑ Rel. Org. Act: §§ 100, 101
  11. ↑ Rel. Org. Act: §§ 19–22, 36
  12. ↑ Rel. Org. Act: §§ 23, 34, 35, 87–92
  13. ↑ Rel. Org. Act: §§ 39–86
  14. ↑ Rel. Org. Act: § 7
  15. ↑ Constitution: Third Schedule

Related Research Articles

<span class="mw-page-title-main">Politics of Bhutan</span> Political system of Bhutan

The Government of Bhutan has been a constitutional monarchy since 18 July 2008. The King of Bhutan is the head of state. The executive power is exercised by the Lhengye Zhungtshog, or council of ministers, headed by the Prime Minister. Legislative power is vested in the bicameral Parliament, both the upper house, National Council, and the lower house, National Assembly. A royal edict issued on April 22, 2007 lifted the previous ban on political parties in anticipation of the National Assembly elections in the following year. In 2008, Bhutan adopted its first modern Constitution, codifying the institutions of government and the legal framework for a democratic multi-party system.

<span class="mw-page-title-main">State religion</span> Religion or creed endorsed by the state

A state religion is a religion or creed officially endorsed by a sovereign state. A state with an official religion, while not a secular state, is not necessarily a theocracy. State religions are official or government-sanctioned establishments of a religion, but the state does not need to be under the control of the clergy, nor is the state-sanctioned religion necessarily under the control of the state.

<span class="mw-page-title-main">Ngawang Namgyal</span> Bhutanese Lama (1594–1651)

Ngawang Namgyal and known colloquially as The Bearded Lama, was a Tibetan Buddhist lama and the unifier of Bhutan as a nation-state. In addition to unifying the various warring fiefdoms for the first time in the 1630s, he also sought to create a distinct Bhutanese cultural identity separate from the Tibetan culture from which it was derived.

The Ngalop are people of Tibetan origin who migrated to Bhutan as early as the ninth century. Orientalists adopted the term "Bhote" or Bhotiya, meaning "people of Bod (Tibet)", a term also applied to the Tibetan people, leading to confusion, and now is rarely used in reference to the Ngalop.

<span class="mw-page-title-main">Je Khenpo</span> Leader of the Buddhist faith in Bhutan

The Je Khenpo, formerly called the Dharma Raja by orientalists, is the title given to the senior religious hierarch of Bhutan. His primary duty is to lead the Dratshang Lhentshog of Bhutan, which oversees the Central Monastic Body, and to arbitrate on matters of doctrine, assisted by Five Lopen Rinpoches . The Je Khenpo is also responsible for many important liturgical and religious duties across the country. The sitting Je Khenpo is also formally the leader of the southern branch of the Drukpa Kagyu sect, which is part of the Kagyu tradition of Himalayan Buddhism. Aside from the King of Bhutan, only the Je Khenpo may don a saffron kabney.

Freedom of religion in Sri Lanka is a protected right under Chapter II, Article 9 of the constitution of Sri Lanka. This applies to all religions, though Buddhism is given the foremost place under the 1978 Republican Constitution. Sri Lanka is regarded by its Supreme Court as being a secular state.

<span class="mw-page-title-main">Buddhism in Bhutan</span> Most widely practiced religion in Bhutan

The official religion in Bhutan is Buddhism, which is practiced by between 73-85% of the population;

<span class="mw-page-title-main">Catholic Church in Bhutan</span>

The Catholic Church in Bhutan is part of the worldwide Catholic Church, under the spiritual leadership of the Pope in Rome. The Kingdom of Bhutan falls under the jurisdiction of the Diocese of Darjeeling (India).

<span class="mw-page-title-main">Hinduism in Bhutan</span> Overview of Hinduism in Bhutan

Hinduism is the second largest religious affiliation in Bhutan, covering about 22.6% of the population, according to the Pew Research Center 2010. It is followed mainly by the ethnic Lhotshampa. The Shaivite, Vaishnavite, Shakta, Ganapathi, Puranic, and Vedic schools are represented among Hindus. Hindu temples exist in southern Bhutan, and Hindus practice their religion in small- to medium-sized groups. About 75% of the population of Bhutan are Buddhist.

Bhutan is a Buddhist country by constitution and Buddhism plays a vital role in the country.

<span class="mw-page-title-main">Christianity in Bhutan</span>

Christians are estimated to make up approximately 1% of the population in Bhutan, or approximately 8,000 people. Other figures suggest that they are more than 2% of the population.

Nepal is a secular state under the Constitution of Nepal 2015, where "secular" means religious, cultural freedoms, including protection of religion and culture handed down from time immemorial.

The Constitution of Mongolia provides for freedom of religion; however, the law somewhat limits proselytism.

<span class="mw-page-title-main">Freedom of religion in Thailand</span>

According to the 2018 census, Buddhism is the largest religion in Thailand, practiced by over 94% of the population; Islam makes up 5% of the population. The Thai government officially recognizes five religions: Buddhism, Islam, Hinduism, Sikhism, and Christianity.

<span class="mw-page-title-main">Law of Bhutan</span>

The law of Bhutan derives mainly from legislation and treaties. Prior to the enactment of the Constitution, laws were enacted by fiat of the King of Bhutan. The law of Bhutan originates in the semi-theocratic Tsa Yig legal code, and was heavily influenced through the twentieth century by English common law. As Bhutan democratizes, its government has examined many countries' legal systems and modeled its reforms after their laws.

Human rights in Bhutan are those outlined in Article 7 of its Constitution. The Royal Government of Bhutan has affirmed its commitment to the "enjoyment of all human rights" as integral to the achievement of 'gross national happiness' (GNH); the unique principle which Bhutan strives for, as opposed to fiscally based measures such as GDP.

<span class="mw-page-title-main">Constitution of Bhutan</span> Supreme law of Bhutan

The Constitution of Bhutan was enacted 18 July 2008 by the Royal Government of Bhutan. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan. The current Constitution is based on Buddhist philosophy, international Conventions on Human Rights, comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck, the constitutional committee was particularly influenced by the Constitution of South Africa because of its strong protection of human rights.

<span class="mw-page-title-main">Dratshang Lhentshog</span> Bhutanese government agency

The Dratshang Lhentshog is the Commission for the Monastic Affairs of Bhutan. Under the 2008 Constitution, it is the bureaucracy that oversees the Drukpa Kagyu sect of Buddhism, which is the state religion of Bhutan. Although Bhutan has a state religion, the role of the religious bureaucracy is ideally meant to complement secular institutions within a dual system of government.

The national symbols of Bhutan include the national flag, national emblem, national anthem, and the mythical druk thunder featured in all three. Other distinctive symbols of Bhutan and its dominant Ngalop culture include Dzongkha, the national language; the Bhutanese monarchy; and the driglam namzha, a seventeenth-century code on dress, etiquette, and dzong architecture. Natural symbols of Bhutan are its national flower, the Himalayan blue poppy; its national tree, the Himalayan cypress; its national bird, the raven; and its national animal, the takin.

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

References

  1. 1 2 3 4 5 6 US State Dept 2022 report PD-icon.svg This article incorporates text from this source, which is in the public domain .
  2. 1 2 3 4 5 6 7 "Bhutan: International Religious Freedom Report 2007". United States Department of State. 2007. Retrieved 2010-01-28.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  3. ↑ Freedom House, Retrieved 2023-04-25
  4. ↑ Open Doors website, retrieved 2023-08-08
  5. 1 2 "2021 Report on International Religious Freedom: Bhutan". US State Department. Retrieved 28 April 2023.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  6. 1 2 3 4 5 6 7 "The Constitution of the Kingdom of Bhutan" (PDF). Government of Bhutan. 2008-07-18. Archived from the original (PDF) on 2011-07-06. Retrieved 2010-10-08.
  7. 1 2 3 4 5 "Legal Status Foreseen for Christianity in Buddhist Bhutan". Compass Direct News online. Compass Direct. 2010-11-04. Retrieved 2011-01-28.
  8. ↑ Wangdi, Tempa (2011-05-10). "Former lay monks enter politics". Bhutan Observer online. Archived from the original on 2011-07-13. Retrieved 2011-05-16.
  9. ↑ "Pastor sentenced to 3 yrs in prison". Bhutan News Service online. Bhutan News Service. 2010-12-12. Retrieved 2011-01-25.
  10. 1 2 3 4 5 6 7 8 9 "Religious Organizations Act of Bhutan 2007" (PDF). Government of Bhutan. 2007-07-31. Retrieved 2011-01-25.[ permanent dead link ]
  11. ↑ "Chhoedey Lhentshog's First Meeting at Last". Bhutan Portal. 2009-03-09. Archived from the original on 2011-09-27. Retrieved 2011-01-28.
  12. ↑ "Chhoedey Lhentshog Lists Those Who Can Vote - Religious personalities above politics". Kuensel online. 2010-10-17. Archived from the original on 2013-07-14. Retrieved 2011-01-28.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.