Freedom of religion in Bhutan
Encyclopedia
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. Drukpa Kagyu (Mahayana
) Buddhism
is the state religion, although in the southern areas many citizens openly practice Hinduism
.
Through 2007, there were no reports of violence associated with pressure to conform to Mahayana beliefs. Nor were there reports of societal abuse or discrimination
based on religious belief or practice. While there were no reports of the repetition of the conformist excesses of the late 1980s and early 1990s, societal and governmental pressure for conformity with Drukpa Kagyupa norms was prevalent.
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, Ghanapathi, 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.
. 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.
affirms the Drukpa Kagyu sect as the state religion
, though it designates the King of Bhutan as the protector of all religions in Butan.Constitution
: Art. 3, §§ 1, 2 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,"Constitution
: Art. 3, § 3 which is construed to disqualify registered monks from voting as well as running for office
. The Constitution further prohibits political parties or activities based on religion.Constitution
: Art. 15, §§ 3, 4(b)
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."Constitution
: Art. 7, § 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."Constitution
: Art. 7, § 15 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.
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.Rel. Org. Act: § 7 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."Rel. Org. Act: §§ 4, 12–16 Religious organizations, in turn, must be transparent and accountable, and "respect indigenous knowledge and customs, individuals’ dignity, identity, culture and values."Rel. Org. Act: §§ 100, 101
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.Rel. Org. Act: §§ 19–22, 36
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
. 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.Rel. Org. Act: §§ 23, 34, 35, 87–92 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 corporation
s. 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.Rel. Org. Act: §§ 39–86 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. In September 2010, the Chhoedey Lhentshog published a list of fourteen categories of religious personalities, including gomchens, anim
s, trulkus, khenpo
s, 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. 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.Rel. Org. Act: § 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.
was reportedly in the process of revising the Penal Code to include conversions "by force or allurement."
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.
. 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.
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, and the royal family participated in it.
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 school
s; 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.
The Government requires 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.
mentioned one reported building used for Christian worship in the south. Through 2007, no new buildings, including places of worship, could be constructed without government licenses. Reports by ethnic Nepalese citizens suggested that this process favored Buddhist temples over Hindu temple
s. 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 temple
s; the last report of such construction was in the early 1990s, when the government authorized the construction and renovation of Hindu temples and centers of Sanskrit
and Hindu learning and provided state funds to help finance the projects. The government argued that it was a matter of supply and demand, with demand for Buddhist temples far exceeding that for Hindu temples. The Government stated that it supported numerous Hindu temples in the south, where most Hindus reside, and provided some scholarships for Hindus to study Sanskrit in India
.
Certain senior civil servants, regardless of religion, are required to take an oath of allegiance to the king, the country, and the people.Constitution
: Third Schedule 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 2007, there were no reports of promotion denials to some of the handful of Christians in government service, however there had been such reports in the past.
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.
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
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. Drukpa Kagyu (Mahayana
Mahayana
Mahāyāna is one of the two main existing branches of Buddhism and a term for classification of Buddhist philosophies and practice...
) Buddhism
Buddhism
Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...
is the state religion, although in the southern areas many citizens openly practice Hinduism
Hinduism
Hinduism is the predominant and indigenous religious tradition of the Indian Subcontinent. Hinduism is known to its followers as , amongst many other expressions...
.
Through 2007, there were no reports of violence associated with pressure to conform to Mahayana beliefs. Nor were there reports of societal abuse or discrimination
Religious discrimination
Religious discrimination is valuing or treating a person or group differently because of what they do or do not believe.A concept like that of 'religious discrimination' is necessary to take into account ambiguities of the term religious persecution. The infamous cases in which people have been...
based on religious belief or practice. While there were no reports of the repetition of the conformist excesses of the late 1980s and early 1990s, societal and governmental pressure for conformity with Drukpa Kagyupa norms was prevalent.
Religious demography
Approximately two-thirds to three-quarters of the population practice Drukpa Kagyu or NyingmaNyingma
The Nyingma tradition is the oldest of the four major schools of Tibetan Buddhism . "Nyingma" literally means "ancient," and is often referred to as Nga'gyur or the "old school" because it is founded on the first translations of Buddhist scriptures from Sanskrit into Tibetan, in the eighth century...
Buddhism
Buddhism
Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...
, both of which are disciplines of Mahayana
Mahayana
Mahāyāna is one of the two main existing branches of Buddhism and a term for classification of Buddhist philosophies and practice...
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, Ghanapathi, Puranic, and Vedic
Vedic
Vedic may refer to:* the Vedas, the oldest preserved Indic texts** Vedic Sanskrit, the language of these texts** Vedic period, during which these texts were produced** Vedic pantheon of gods mentioned in Vedas/vedic period...
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.
Legal framework
The most authoritative law regarding religious freedom in Bhutan is its ConstitutionConstitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
. Other ancillary acts of Bhutanese legislation
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
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
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
. 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.
Constitution
The Constitution of 2008Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
affirms the Drukpa Kagyu sect as the state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...
, though it designates the King of Bhutan as the protector of all religions in Butan.Constitution
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
: Art. 3, §§ 1, 2 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,"Constitution
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
: Art. 3, § 3 which is construed to disqualify registered monks from voting as well as running for office
Elections in Bhutan
Elections in Bhutan are conducted at national and local levels. Suffrage is universal for citizens 18 and over, and under applicable election laws...
. The Constitution further prohibits political parties or activities based on religion.Constitution
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
: Art. 15, §§ 3, 4(b)
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."Constitution
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
: Art. 7, § 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."Constitution
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
: Art. 7, § 15 The constitutional clause regarding "coercion or inducement" has been interpreted by a district court
Dzongkhag Court
The Dzongkhag Court exists in each of Bhutan's 20 Dzongkhags, and is the court of first instance of the Royal Court of Justice in 14 of the 20 Dzongkhags of Bhutan. In the remaining 6 Dzongkhags there exists a further subdivision, Dungkhag, which is the basic level of judicial administration in...
to prohibit not only forced conversion
Forced conversion
A forced conversion is the religious conversion or acceptance of a philosophy against the will of the subject, often with the threatened consequence of earthly penalties or harm. These consequences range from job loss and social isolation to incarceration, torture or death...
but also proselytism
Proselytism
Proselytizing is the act of attempting to convert people to another opinion and, particularly, another religion. The word proselytize is derived ultimately from the Greek language prefix προσ- and the verb ἔρχομαι in the form of προσήλυτος...
in the case of a Christian missionary pastor who used a generator and a projector.
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.Rel. Org. Act: Preamble; § 6 To meet those goals, the Act creates the Chhoedey Lhentshog as the regulatory authority on religious organizations.Rel. Org. Act: Chs. 3–18 This body is composed of eight persons, six of whom have decision making power: a Cabinet MinisterLhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
appointed by the Prime Minister as the chairperson; the Tshugla Lopon of the Gedun Dratshang
Dratshang Lhentshog
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 that is the state religion of Bhutan...
, an ex-officio member; one eminent member of the National Council
National Council of Bhutan
The National Council is the upper house of Bhutan's new bicameral Parliament, which also comprises the Druk Gyalpo and the National Assembly. It is the subordinate house, and cannot author monetary or budget-related bills...
; one eminent Trulku, Khenpo
Khenpo
The term khenpo is a spiritual degree given in Tibetan Buddhism. In the Nyingma, Kagyu, and Sakya traditions, the title is awarded usually after a period of 3 years of intensive study after secondary school level studies, and is considered much like a spiritual Bachelor's. Similar titles of lower...
, or Lam
Lam
-Lam:*Mor lam, an ancient Lao form of song in Laos and Isan*Lam saravane, a music genre*Lam luang, a music genre*Lam, Germany, a town in Bavaria-LAM:*Lactational amenorrhea method, a contraceptive method...
nominated by the Lams of the Nyingma
Nyingma
The Nyingma tradition is the oldest of the four major schools of Tibetan Buddhism . "Nyingma" literally means "ancient," and is often referred to as Nga'gyur or the "old school" because it is founded on the first translations of Buddhist scriptures from Sanskrit into Tibetan, in the eighth century...
Chhoedey; one eminent Anim
Anim
Anim may refer to:*Animation*an abbreviation for animus/anima in Rudra no Hihō*a file extension used for Amiga Interchange File Format digital movies and animations, a variation of the ILBM format...
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
Ministry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
, an ex-officio member secretary.Rel. Org. Act: § 7 The Chhoedey Lhentshog is tasked with managing, monitoring, and regulating all religious organizations except the Gedun Dratshang (overseen by the monastic authority
Dratshang Lhentshog
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 that is the state religion of Bhutan...
); 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."Rel. Org. Act: §§ 4, 12–16 Religious organizations, in turn, must be transparent and accountable, and "respect indigenous knowledge and customs, individuals’ dignity, identity, culture and values."Rel. Org. Act: §§ 100, 101
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.Rel. Org. Act: §§ 19–22, 36
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
Ministry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
. Otherwise, registered organizations enjoy exemption from taxes and a series rights and duties incident to corporate personhood
Corporate personhood
Corporate personhood is the status conferred upon corporations under the law, which allows corporations to have rights and responsibilities similar to those of a natural person. There is a question about which subset of rights that are afforded to natural persons should also be afforded to...
. Organizations must, among other duties, report assets, contributions, expenditures, and liabilities to the Chhoedey Lhentshog, which maintains public records.Rel. Org. Act: §§ 23, 34, 35, 87–92 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 corporation
Religious corporation
A religious corporation is a type of religious non-profit organization, which has been incorporated under the law. Often these types of corporations are recognized under the law on a subnational level, for instance by a state or province government...
s. 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.Rel. Org. Act: §§ 39–86 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. In September 2010, the Chhoedey Lhentshog published a list of fourteen categories of religious personalities, including gomchens, anim
Anim
Anim may refer to:*Animation*an abbreviation for animus/anima in Rudra no Hihō*a file extension used for Amiga Interchange File Format digital movies and animations, a variation of the ILBM format...
s, trulkus, khenpo
Khenpo
The term khenpo is a spiritual degree given in Tibetan Buddhism. In the Nyingma, Kagyu, and Sakya traditions, the title is awarded usually after a period of 3 years of intensive study after secondary school level studies, and is considered much like a spiritual Bachelor's. Similar titles of lower...
s, 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. 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.Rel. Org. Act: § 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.
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 it is not clear that the government has enforced this provision of the act. As of November 2010, parliamentParliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
was reportedly in the process of revising the Penal Code to include conversions "by force or allurement."
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.
Status of religious freedom
Through 2007, the law provided for freedom of religion; however, the Government limited this right in practice. Mahayana Buddhism is the state religionState religion
A state religion is a religious body or creed officially endorsed by the state...
. 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.
An annual government grant finances the country's monastic body
Dratshang Lhentshog
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 that is the state religion of Bhutan...
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
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
and 2 seats on the 11-member Royal Advisory Council
Lhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
were reserved for Buddhist monks by statute and out of respect for the country's tradition of Buddhist spiritual oversight
Dual system of government
The Dual System of Government or Cho-sid-nyi is the traditional diarchal political system of Tibetan peoples whereby the Desi coexists with the spiritual authority of the realm, usually unified under a third single ruler. The actual distribution of power between institutions varied over time and...
. 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, and the royal family participated in it.
As of 2007, NGO representatives living outside the country and dissidents reported to U.S. State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
sources that only Drukpa Kagyu and Nyingma
Nyingma
The Nyingma tradition is the oldest of the four major schools of Tibetan Buddhism . "Nyingma" literally means "ancient," and is often referred to as Nga'gyur or the "old school" because it is founded on the first translations of Buddhist scriptures from Sanskrit into Tibetan, in the eighth century...
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 school
Monastic school
Monastic schools were, along with cathedral schools, the most important institutions of higher learning in the Latin West from the early Middle Ages until the 12th century. Since Cassiodorus's educational program, the standard curriculum incorporated religious studies, the Trivium, and the...
s; 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.
The Government requires all citizens to conform to driglam namzha
Driglam namzha
The Driglam Namzha is the official behaviour and dress code of the Kingdom of Bhutan. It governs how citizens should dress in public and how they should behave in formal settings. It also regulates a number of cultural assets such as art and architecture...
, namely by wearing the traditional Ngalop
Ngalop
The Ngalop are people of Tibetan origin who migrated to Bhutan as early as the ninth century. For this reason, they are often referred to in literature as "Bhote"...
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.
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. In 2007, the U.S. State DepartmentUnited States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
mentioned one reported building used for Christian worship in the south. Through 2007, no new buildings, including places of worship, could be constructed without government licenses. Reports by ethnic Nepalese citizens suggested that this process favored Buddhist temples over Hindu temple
Hindu temple
A Mandir, Devalayam, Devasthanam, or a Hindu temple is a place of worship for followers of Hinduism...
s. 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 temple
Hindu temple
A Mandir, Devalayam, Devasthanam, or a Hindu temple is a place of worship for followers of Hinduism...
s; the last report of such construction was in the early 1990s, when the government authorized the construction and renovation of Hindu temples and centers of Sanskrit
Sanskrit
Sanskrit , is a historical Indo-Aryan language and the primary liturgical language of Hinduism, Jainism and Buddhism.Buddhism: besides Pali, see Buddhist Hybrid Sanskrit Today, it is listed as one of the 22 scheduled languages of India and is an official language of the state of Uttarakhand...
and Hindu learning and provided state funds to help finance the projects. The government argued that it was a matter of supply and demand, with demand for Buddhist temples far exceeding that for Hindu temples. The Government stated that it supported numerous Hindu temples in the south, where most Hindus reside, and provided some scholarships for Hindus to study Sanskrit in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
.
Certain senior civil servants, regardless of religion, are required to take an oath of allegiance to the king, the country, and the people.Constitution
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
: Third Schedule The oath does not have religious content, but a Buddhist lama
Lama
Lama is a title for a Tibetan teacher of the Dharma. The name is similar to the Sanskrit term guru .Historically, the term was used for venerated spiritual masters or heads of monasteries...
administers it. Dissidents alleged that applicants have been asked their religion before receiving government services. In 2007, there were no reports of promotion denials to some of the handful of Christians in government service, however there had been such reports in the past.
In January 2006 authorities arrested two civil servants in the village of Nago in Paro District
Paro District
Paro District is the name of a district , valley, river and town in Bhutan. It is one of the most historic valleys in Bhutan. Both trade goods and invading Tibetans came over the pass at the head of the valley, giving Paro the closest cultural connection with Tibet of any Bhutanese 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
Dzongkhag Court
The Dzongkhag Court exists in each of Bhutan's 20 Dzongkhags, and is the court of first instance of the Royal Court of Justice in 14 of the 20 Dzongkhags of Bhutan. In the remaining 6 Dzongkhags there exists a further subdivision, Dungkhag, which is the basic level of judicial administration in...
. 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.