Legal framework on freedom of religion and actual application
Article 1 of the Constitution of Colombia defines the country as a state bound by the rule of law. The constitution stipulates that the Republic is democratic and pluralistic, founded on the respect for human dignity, solidarity, and the primacy of the general interest.
Freedom of conscience, religion and worship are recognised as fundamental rights in articles 18 and 19 and have been incorporated in Law 133 of 1994 on Freedom of Religion and Worship.
According to the Constitutional Court of Colombia, the country’s top court that protects fundamental rights, freedom of conscience is exercised three ways: “(i) no one may be the object of harassment or persecution because of their convictions or beliefs; (ii) no person shall be obliged to reveal their convictions, and (iii) no one shall be forced to act against their conscience.”
Notwithstanding the above, the right to freedom of conscience is not absolute and comes with limits based on respect for the rights of others.
Although closely linked, the right to freedom of conscience is understood in Colombia as a right distinct from that of religious freedom.
According to Article 13 of the constitution, the Colombian state prohibits all forms of discrimination, including discrimination based on religious grounds. Articles 201 to 203 of the Penal Code punish violations of religious freedom.
Article 19 of the constitution states that “all religious faiths and churches are equally free before the law”. To this end, Decree 437 of 2018 of the Ministry of the Interior established a "Comprehensive Public Policy of Freedom of Religion and Worship”.
Related to this, Law No. 2200 was enacted in February 2022, whereby departments (regions) must, within their jurisdiction, promote and implement public policies that guarantee religious freedom in their respective territories (Article 4).
With respect to the legal recognition of religious denominations, in 1973 a concordat was signed by Colombia and the Holy See with regard to the Catholic Church and the Religious Affairs Bureau in the Ministry of the Interior, responsible for granting legal recognition to non-Catholic religious groups.
In the area of education, Article 68 of the constitution recognises the right of parents to choose their children’s education. In public schools, no one may be compelled to receive religious education. Decree No. 4500 of 2006 regulates education and religious classes in educational establishments.
In July 2022, the Council of State rejected a request to repeal a decree, which, it was claimed, violated freedom of religion and belief by making the provision of religious education in private schools compulsory and assessable.
Lastly, Article 42 of the constitution recognises civil effects of religious marriages.
Incidents and developments
The past two years witnessed a rise in attacks against places of worship and religious sentiments.
In 2021, the image of Our Lady of the Rosary in Chiquinquirá was desecrated; pro-abortion activists set fire to the doors of the San Ignacio de Loyola Church in Medellín while Mass was taking place with worshippers inside; in Montelíbano, two statues of the Virgin Mary were desecrated and destroyed; and in Buenaventura teachers locked themselves in the cathedral in protest against the violence and to demand government action.
On 4 May 2021, Colombia's Constitutional Court ruled that a message posted by the country’s vice president on social media, consecrating the country to the Virgin of Fatima, ignored the principle of separation of state and religion, because it had an official character.
On 6 May, members of the Claretian order complained that the military and police raided a Bogotá school belonging to the community, overnight.
Also in May, the Catholic Church called for an end to the spiral of violence sparked by social unrest over tax reform, exacerbated by the alleged infiltration of agents provocateurs in the protests.
On 13 August, the government held a roundtable addressing public policy with the Catholic Church.
On 17 September, the constitutional court ruled against a health agency that prevented the funeral service of an Indigenous person by not delivering her body to the community.
In September, the Church repeated warnings about the crisis in Chocó, where guerrillas and organised crime groups vied for control of the territory and threatened local communities. The following month, it accused the government of indifference and spoke out against possible links between elements within the security forces and the Gulf Clan cartel (Clan del Golfo) in the same region.
In December 2021, the Directorate of Religious Affairs held a Congress on Advances in Religious Freedom.
On 12 January 2022, Colombia's Constitutional Court ordered an employer to allow a worker, a member of the Adventist Church, to enjoy the Sabbath.
In February, Bishop Rubén Jaramillo of Buenaventura continued to receive death threats for speaking out against armed groups tormenting the population.
On 22 February, the Catholic Church condemned the decriminalisation of abortion that the Court allowed in the first 24 weeks of pregnancy. On 14 May, the government signed the Geneva Consensus, which rejects the “right” to abortion.
In February, the Directorate of Religious Affairs held a Congress to celebrate Religious Freedom and Worship Day with religious youth.
On 10 March, the constitutional court ruled that a Christian church was obliged to allow a parishioner and her son to take part in the congregation’s meetings.
Also in March, during Mass at the Catedral Primada in Bogotá, activists climbed onto pews and verbally abused the parishioners. Political leaders of different stripes condemned the assault.
In March, four other places of worship were vandalised with graffiti, and a prayer by a pro-life group was disrupted.
On 31 March, the constitutional court rejected on procedural grounds a request to remove a crucifix from the "Full Chamber" of the court itself, on the grounds that the latter violated the principle of separation of state and religion.
In April, the Church urged stakeholders to engage dialogue to seek solutions to the humanitarian crisis caused by a wave of violence in the Chocó region deriving from gangs vying for control over territory.
On 18 April, the constitutional court ordered that Afro-Colombian midwives be incorporated into the health system because they brought ancestral skills and knowledge.
On 28 April, the Santa Ana de Tunja Catholic church was attacked and the tabernacle was desecrated.
In May, following rulings by the Constitutional Court, the Church rejected the decriminalisation of medically assisted suicide.
In May, in view of the 2022 presidential elections, the bishops urged voters to exercise their right to vote responsibly and respect the results.
In May, as a result of the migration crisis on the borders with Panama and Venezuela, the Church expressed concern over the role of organised crime groups and human traffickers.
In June, Colombia adopted the International Holocaust Remembrance Alliance’s definition of anti-Semitism, a decision welcomed by the country’s Jewish community.
On 26 June, the Filadelfia Christian Church was attacked with Molotov cocktails during protests by university students in Huila.
On 27 July, responding to an invitation by the president-elect Gustavo Petro Urrego, a meeting was held with the Episcopal Conference of Colombia to seek ways to further dialogue with ELN guerrillas and other armed groups.
Also in July, in the parish of Santa Barbara, the statue of the Virgen del Carmen was destroyed.
In August 2022, the San Roque Church in Cartagena was attacked, and Eucharistic hosts were desecrated.
Also in August, President-elect Gustavo Petro took part in a religious ritual of “ancestral possession” by the Arhuaco ethnic group.
The decision in August 2022 to turn the Catholic chapel at Bogotá airport into a multifaith place of prayer, following a request from the City of Bogotá, sparked a major controversy among public officials and citizens. The decision was imposed as a fait-accompli, and the Church was forced to remove its religious symbols.
Prospects for freedom of religion
Notwithstanding some positive efforts of dialogue between the Catholic Church and government concerning societal concerns, the period under review was marked by a significant increase in attacks on places of worship and religious sentiments, in many cases inspired by pro-abortion activism. Coupled with this was a mounting concern over the humanitarian crisis in Chocó Department (region), where guerrillas and drug traffickers terrorise communities and religious leaders when speaking out against violence and corruption, or when attempts are made to stop illegal activities. The toxic combination portends a challenging outlook for religious freedom and the prospects for the future are negative.
Colombia