Legal framework on freedom of religion and actual application
The Constitution of Armenia guarantees that “[e]veryone shall have the right to freedom of thought, conscience, and religion. This right shall include the freedom to change one’s religion or beliefs and the freedom, either alone or in community with others in public or in private to manifest religion or beliefs in preaching, church ceremonies, other rituals of worship or in other forms.”
Moreover, § 3 of Article 41 provides that “every citizen for whom military service contradicts his religion or beliefs shall have the right to replace it with alternative service in the manner stipulated by law.”
Article 17 (1-2) of the constitution provides that “the freedom of activity of religious organizations shall be guaranteed in the Republic of Armenia” and that “religious organizations shall be separate from the state.”
Armenian law does not require religious groups to register with the government, however, a group must register in order to own or rent property and to conduct regular religious services and other activities.
Although the Armenian constitution guarantees the freedom of religion to all people, it also recognises the Armenian Apostolic Holy Church (AAHC) as the national Church. It highlights the “exceptional mission” that the AAHC has “in the spiritual life, development of the national culture, and preservation of the national identity of the people of Armenia.” The same constitutional provision stipulates that “the relationship between the Republic of Armenia and the Armenian Apostolic Holy Church may be regulated by a law.”
Armenian law permits the AAHC to appoint representatives in various institutions such as boarding schools, hospitals, orphanages, military units, and prisons, while other religious groups must ask for permission for access to such bodies. The AAHC is also permitted to promote its message without state interference, and contributes to school textbooks, teacher training, and development concerning courses on the history of the Armenian Church. It can also provide extracurricular religious instruction in public schools.
The 1991 Law of the Republic of Armenia on the Freedom of Conscience and on Religious Organisations (LRAFCRO) clarifies the scope of Armenia’s constitutional protections and enumerates religious-freedom rights in the country. Article 3 (7) guarantees a registered religious group the right “to rally their faithful around them”; “to satisfy the religious-spiritual needs of their faithful”; “to perform religious services, rites, and ceremonies”; “to establish groups for religious instruction aimed at training members”; “to engage in theological, religious, and historical and cultural studies”; “to train members of clergy or for scientific and pedagogical purposes”; “to obtain and utilize objects of religious significance”; “to make use of news media in accordance with the law”; “to establish ties with religious organizations in other countries”; and “to get involved in charity”.
However, the LRAFCRO prohibits any proselytising that does not fall within the ambit of those enumerated activities and “soul hunting,” which includes “both proselytism and forced conversion”. However, the law fails to define “proselytism.” The LRAFCRO also provides preferential treatment to the AAHC.
Although the law mandates a secular, public education, Armenia’s public-school curriculum includes a “History of the Armenian Church” course. Under current law, the AAHC has the right to participate in the development of the course’s syllabus. The course is mandatory, students are not allowed to opt out, and there are no alternatives available to those of other religions or of no religion.
In March 2018, the Council of Europe raised these concerns in line with its efforts to bring Armenia’s legislation, institutions, and practices in line with European Union (EU) human rights standards. In its assessment, the Council recommended “ensuring that privileges enjoyed by the Armenian Apostolic Church are objectively justified and are not thus discriminatory”.
Following that recommendation, the Council of Europe formally adopted the fourth Action Plan for Armenia in late 2022. The Plan aspires to “further bring legislation, institutions and practice in line with European standards in the areas of human rights.” Although the Plan addresses a wide range of human rights, Goal 10 announces a program specifically intended to “empower and promote the social, economic and political inclusion of all, irrespective of […] religion.”
In June 2020, Armenia joined the International Religious Freedom Alliance.
Incidents and developments
Armenia’s recent history has been framed by the 2020 Armenia and Azerbaijan war over control of Nagorno-Karabakh, “a mountainous region with a majority Armenian population that seceded from Azerbaijan more than three decades ago”. At the time of writing, Azerbaijan and Armenia continue to dispute control over the territory. Despite past ceasefire agreements, tensions flared repeatedly with renewed fighting and thousands of dead. Presently, 36,000 Armenians “remain […] internally displaced”, 120,000 face dire humanitarian risks, and the fighting continues. The conflict carries profound ramifications for some religious groups. Azerbaijan’s blockade of the Lachin Corridor endangered Armenian Christians living in Nagorno-Karabakh, which remains under the nominal control of Azerbaijan. Moreover, tensions between Muslims and Christians remained high in conflict regions and have resulted – in addition to humanitarian atrocities – in the destruction of numerous churches and other holy sites. The International Court of Justice has ordered Azerbaijan to end the blockade.
Although Armenia has a deep historical connection to Islam, fewer than one thousand Muslims live there according to the most recent census. A great part of the cause is that the Nagorno-Karabakh conflict has forced “large numbers of Muslim Azeris” to “flee the country.” Only one mosque – the Blue Mosque in Yerevan – currently operates in the country.
Armenia has a deep historical connection to Judaism, and Armenia’s Jewish population have generally enjoyed freedom of religion. Today, however, Armenia is home to only about 500 Jews, almost entirely concentrated in Yerevan where the country’s only synagogue operates. Children can attend Jewish education classes, and have a vocal ensemble called Keshet. While there are worries about Armenia’s diplomatic relationship with Israel, in January 2020, the head of Armenia’s Jewish community, Rima Varzhapetyan-Feller, stated she was “confident that in Armenia there has never been and cannot be manifestations of anti-Semitism.” That perception continues to hold among the country’s Jewish community at the time of writing.
Armenia is also home to about 14,000 Roman Catholics. In late 2021, the Church opened a second office of the Apostolic Nunciature in Yerevan to work alongside the Tbilisi Georgia seat of the Vatican’s diplomatic mission to Georgia and Armenia. That development, the Vatican hopes, will strengthen the “ancient and prolific relationship” between Armenia and the Holy See “for the benefit of all Armenians.”
Armenia detained Edward Manasyan, a prominent member of the Baha’i community, from December 2017 until July 2018, when he was released on bail. His trial on “soul hunting” charges continued through 2022. In late 2021, the Court of Cassation rejected the Baha’i community’s appeal of a separate decision rejecting their complaint that the National Security Service used illegal wiretaps against Manasyan. The community appealed to the European Court of Human Rights. The case remains pending.
Around 35,000 Yazidis currently live in Armenia, many of whom are Iraqi refugees. Since January 2016, the Armenian government has contributed US$100,000 to the UNHCR to support their resettlement from Sinjar in northern Iraq to Armenia. In the summer of 2022, the government approved an additional US$80,000 in humanitarian aid. An issue of religious freedom, confusing national history with proselytism, was raised when some members of the Yazidi community “complained about their children being forced to pray at school” suggesting that “the history of the Armenian Church should be made an optional subject in education, so as to not infringe upon the rights of non-Christian students”.
Prospects for freedom of religion
Generally, the right to religious freedom in Armenia is guaranteed and lived. The government’s preferential treatment of the Armenian Apostolic Holy Church, however, raises concerns, as do the effects of the territorial conflict with Azerbaijan – as each time they flare up, the stability of the country, and all human rights – are affected. Notwithstanding these challenges, the prospects for the right to religious freedom remain positive.
Armenia