Legal framework on freedom of religion and actual application
The Comoros is a chain of African islands in the Indian Ocean at the northern end of the Mozambique Channel. Three of the four main islands became independent from France in 1975, eventually taking the name of the Islamic Federal Republic of the Comoros; the fourth island, Mayotte, remained under French rule. Since then, the country has experienced several coups and attempted coups, changed its constitution a few times, and has struggled to achieve some degree of political stability.
At present, the country’s official name is the Union of the Comoros and its current constitution was adopted on 6 August 2018 in a referendum, maintaining the federal character of the state with each major island exercising significant autonomy (Title IV of the constitution).
In Article 2, the constitution recognises “the equality of all citizens before the law, without distinction of race, sex, religion, political belief, and it assures all citizens the full enjoyment of fundamental freedoms.”
However, it also reserves a special place for Islam, the majority religion. Unlike the Preamble to the 2001 constitution, which described Islam as the source “for the principles and rules that govern the Union,” the new charter makes Islam the state religion (Article 97), and Sunni Islam the basis of national identity (Preamble).
Under Article 98, “The Mufti of the republic is the highest religious authority of the State. He is appointed by decree of the President of the Union.” Hence, the grand mufti is the country’s senior Muslim cleric, but also a government official.
Given the status of Sunni Islam, the rights of other groups are restricted, including non-Sunni Muslims such as Shi’as and Ahmadis. For Comorian constitutional expert Mohamed Rafsandjani, under the 2018 constitution, “if you are not Sunni, you are not part of the national community.”
The Union government exercises strict control over religious matters. In 2018, the Ministry of Internal Affairs started to work with the National Mufti Council (muftiate) to control more closely imams, preachers, and Quranic school teachers. To this end, it introduced a “professional card” for those who had acquired the necessary qualifications to perform their duties.
All forms of proselytising or religious propaganda by religions other than Sunni Islam are prohibited. Chapter 23 of the Penal Code of Comoros deals with the propagation of non-Islamic religions. Under Article 175, “Whoever discloses, spreads, and teaches Muslims a religion other than Islam will be punished with imprisonment of three months to one year and a fine of 50,000 to 500,000 Comorian francs” (US$ 110 to 1,100). The same article also imposes the same penalties on anyone who sells to Muslims or offers them for free, “books, brochures, magazines, records and cassettes or any other media disclosing a religion other than Islam.” Foreigners involved in such activities may be deported. Both blasphemy and apostasy are criminal offences.
With respect to education, religious instruction is not mandatory, however, the Quran is used to teach Arabic in public primary schools, while Islamic beliefs are taught sometimes along with Arabic in public and private middle and high schools. The government also funds fee based Quranic schools.
With respect to employment and occupation, people are deemed equal before the law regardless of gender, creed, belief, origin, race, or religion and the authorities are said to enforce it effectively. However, Article 17 of the constitution provides for “restrictions on the exercise of the political rights and to the accession to certain public functions or employments for Comorian citizens of foreign origin.” The Ministry of Labour is responsible for discrimination cases and usually turns unresolved cases over to the courts.
Comoros is one of three African countries without diplomatic relations with the Holy See (the other two are Mauritania and Somalia). The Apostolic Vicariate of the Comoros Archipelago, which includes Mayotte, was established in 2010. The apostolic nuncio in Madagascar serves as apostolic delegate to the country. The current office holder is Archbishop Tomasz Grysa.
Comoros has ratified several international human rights conventions that affect freedom of religion, such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, Punishment (CAT), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Convention on the Rights of the Child (CRC).
Yet, pressure to conform to orthodox Muslim practices and customs is felt everywhere. Local Christians and converts to Christianity are under constant pressure and suffer acts of intimidation, although non-Muslim foreigners are usually not affected by this. Christian parents are not free to raise their children as they wish, Christians face bullying and harassment in the workplace and the streets, and they can be fined or jailed if they discuss religion in public or preach outside churches.
The Catholic community represents less than 0.5 percent of the population. There is a Roman Catholic church in Moroni, the capital, on the island of Ngazidja (Grande Comore), and one in Mutsamudu, on Ndzuani Island (Anjouan). There is also a Protestant church in Moroni.
Incidents and developments
In August 2021, the Ministry of Islamic Affairs announced further support for its various departments, stressing their efforts in favour of local actors, especially in education, with aid from Kuwait. Back in 2019, the same ministry banned Christmas celebrations.
On 23 August 2021, an Islamic association, Faina, held a rally in Fomboni, capital of the island of Mwali (Mohéli), calling for an end to violence against children and better protection for minors.
On 23 September 2021, Comorian ulemas condemned a young Comorian for insulting the prophet on social media.
On 25 January 2022, after Friday prayers, about a hundred people took to the streets in the town of Wanani (Mwali), after two drug addicts were seen smoking a joint made from pages of the Quran. The protest was peaceful, but participants were angry at such a show of disrespect towards God.
On 30 November 2022, the US State Department placed Comoros on its Special Watch List for engaging in or tolerating “particularly severe violations of religious freedom”.
Prospects for freedom of religion
Despite the constitution’s nominal equality provisions, freedom of religion for non-Sunni Muslims is limited in Comoros. The latter, who are mostly foreign nationals, must worship in practise in private and self-censor in public. The special status granted to Sunni Islam, and existing blasphemy and apostasy legislations, give Sunni Muslims higher legal and social status. Open hostilities against certain groups are an issue.
The country is also at risk of transnational jihadism. Several Comorians joined al-Qaeda in the past and a jihadi insurrection is underway in northern Mozambique, a mere 300 kilometres from the archipelago – a reminder that the Comoros too is potentially vulnerable to Islamist violence. Political instability, economic underdevelopment, high poverty levels, runaway inflation, widespread corruption, human trafficking and undocumented migration (especially to Mayotte) all suggest troubled times ahead.
Given this situation, the prospects for freedom of religion in Comoros are negative.
Comoros