Legal framework on freedom of religion and actual application
The 2008 Bhutanese Constitution recognises that “Buddhism is the spiritual heritage of Bhutan” and that all religious institutions have the responsibility “to promote the spiritual heritage of the country” (Article 3, 1), while also “ensuring that religion remains separate from politics” (Article 3, 3). At the same time, the same charter states that Bhutanese citizens “shall have the right to freedom of thought, conscience, and religion”, and prohibits “coercion or inducement” of faith (Article 7, 4).
Reconciling these two principles is difficult. In fact, the constitutional principle of religious freedom is still relatively new in Bhutan, coming after centuries of absolute monarchy and Buddhist clerical rule. The Election Commission of Bhutan has upheld the principle of separation between state and religion under the Religious Organisations Act of 2007 to “ensure that religious institutions and personalities remain above politics” (Article 13, e).
Although the principle of religious freedom is found in the constitution, proselytising is forbidden. The law requires that religious groups obtain licences in order to hold public religious gatherings, and to register with the Commission for Religious Organisations (CRO). As of 2020, the CRO approved 14 religious groups, although none were from minority religions.
The Hindu Dharmic Samudai, one of the two formally recognised Hindu groups, stated that it received strong support to build temples and freely practise its religious customs and festivals.
Incidents and developments
The Open Doors World Watch List 2022 report ranked Bhutan 34th (out 50) “where its most difficult to follow Jesus”. Converts to Christianity continue to face harsh discrimination and conversion is seen as a source of shame for some families. Christians also face difficulties in obtaining no-objection certificates, which are “needed for loan applications, registering property, applying for jobs and renewing ID card”. For Christian Churches, a lack of registration often means that they are unable to purchase property or raise funds. The construction of religious buildings is also complicated. Government approval is required and by law all buildings, including religious structures, must observe traditional architectural norms which are determined by the CRO.
Christians also confront challenges acquiring burial plots as there is no clear governmental process. Instead, some Christians bury their dead “in undeveloped areas away from settlements.”
As of February 2022, some 7,000 Lhotshampa, a predominantly Hindu group of Nepali origin, were reportedly left in refugee camps in Nepal. Bhutan had expelled about 100,000 Lhotshampa in 1990. Political prisoners remain incarcerated at Chemgang and Rabuna prisons, and the International Committee of the Red Cross (ICRC) office in Kathmandu reported that, due to the COVID-19 pandemic, permission for family visits and inspections remain difficult.
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Prospects for freedom of religion
With respect to religious freedom, the situation has not changed significantly over the past two years. Although no major incidents have been reported in Bhutan, and there are no patterns of violent religious persecution during the period under review, minority religions, such as Christianity, continue to be unrecognised and receive no government support. The Lhotshampa issue also continues to be a matter of concern, with no resolution in sight. The prospects for religious freedom, thus, continue to remain negative.
Bhutan