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2008 Report on International Religious Freedom: COLOMBIA
http://www.state.gov/g/drl/rls/irf/2008/index.htm
The Constitution provides for freedom of religion, and other laws and policies con-tributed to the generally free practice of religion. The law at all levels protects this right in full against abuse, either by governmental or private actors. There is no state religion; however, the Roman Catholic Church retains a de facto privileged status.
The Government generally respected religious freedom in practice. There was no change in the status of respect for religious freedom by the Government during the period covered by this report. Terrorist organizations, especially the Revolutionary Armed Forces of Colombia (FARC), killed, kidnapped, and extorted religious leaders and practitioners, inhibiting free religious expression. Terrorist organiza-tions generally targeted religious leaders and practitioners for political rather than religious reasons. The National Liberation Army (ELN) continued threatening members of religious organizations but generally adhered to its agreement to cease killing religious leaders. Former paramilitary and new criminal groups, including the Aguilas Negras, also targeted representatives and members of religious organi-zations. Some indigenous leaders reportedly were intolerant of nonsyncretic forms of worship.
There were some reports of societal abuses or discrimination based on religious af-filiation, belief, or practice.
The U.S. Government discusses religious freedom with the Government as part of its overall policy to promote human rights.
Section I. Religious Demography
The country has an area of 439,735 square miles and a population of 41.2 million. The Government does not keep statistics on religious affiliation, and estimates from religious leaders varied. According to the Colombian Evangelical Council (CEDECOL), approximately 15 percent of the population is Protestant, while the Catholic Bishops' Conference estimates that 90 percent of the population is Catho-lic. A 2007 article in the daily newspaper, El Tiempo, claims that 80 percent of the population is Catholic, although not all are practicing; 13.5 percent belong to non-Catholic forms of Christianity, 2 percent are agnostic, and the remaining 4.5 per-cent belong to other religious groups, such as Islam and Judaism. The Seventh-day Adventist Church and the Methodist Church have 261,000 and 1,500 members re-spectively. The Anglican Church and the Presbyterian Church have approximately 50,000 members each. Other Protestant and Evangelical Churches have an esti-mated 5 million followers. The Church of Jesus Christ of Latter-day Saints (Mor-mons) claims approximately 150,000 members. Other religious groups with a sig-nificant number of adherents include Judaism, estimated at 5,000 members; Islam, with an estimated 10,000 followers; animism; and various syncretic belief practitioners.
Adherents of some religious groups are concentrated in specific geographical re-gions. For example, the vast majority of practitioners of syncretic beliefs that blend Catholicism with elements of African animism are Afro-Colombian residents of the western department of Choco. Jews are found in major cities, Muslims on the Caribbean coast, and adherents of indigenous animistic religions in remote, ru-ral areas. A small Taoist commune exists in a mountainous region of Santander Department.
Section II. Status of Religious Freedom
Legal/Policy Framework
The Constitution provides for freedom of religion, and other laws and policies con-tributed to the generally free practice of religion. The law at all levels protects this right in full against abuse, either by governmental or private actors. The Constitution specifically prohibits discrimination based on religion.
The Government observes Epiphany, Saint Joseph Day, Palm Sunday, Holy Thursday, Good Friday, Easter, the Ascension, Corpus Christi, Sacred Heart Day, Saints Peter and Paul Day, the Feast of the Assumption, All Saints' Day, the Im-maculate Conception, and Christmas as national holidays.
The Constitution states that there is no official church or religion but adds that the State "is not atheist or agnostic, nor indifferent to Colombians' religious senti-ment." Some interpret this to mean that the state unofficially sanctions a privileged position for Catholicism, which was the official religion until the adoption of the 1991 Constitution. A 1973 concordat between the Vatican and the Government remains in effect, although some of its articles are unenforceable because of consti-tutional provisions on freedom of religion. A 1994 constitutional court decision declared unconstitutional any official government reference to a religious charac-terization of the country. The Government extends two different kinds of recognition to religious organiza-tions: recognition as a legal entity (personeria juridica) and special public recogni-tion as a religious entity. Although the application process is often lengthy, the Ministry of Interior and Justice (MOIJ) readily grants the former recognition; the only legal requirements are submission of a formal request and basic organiza-tional information. In addition, any foreign religious group that wishes to establish a presence must document official recognition by authorities in its home country. The MOIJ may reject requests that do not comply fully with established require-ments or that violate fundamental constitutional rights. Some non-Catholic religious leaders complained that their applications were unnecessarily delayed and that their petitions for recognition as a legal entity were denied for trivial reasons. They stated that for this reason many non-Catholic religious groups chose not to apply for legal recognition and instead operated as nongovernmental organizations (NGOs) or as informal religious entities.
Since 1995 the MOIJ has approved 1,182 applications for special public recogni-tion as a religious entity; an estimated 90 percent of the approvals were for evan-gelical churches. A 2007 article in El Tiempo quoted Bogotá's mayor as stating that there were now 700 non-Catholic places of worship in the capital city, com-pared to 450 Catholic churches. According to the MOIJ, 1,859 applications failed to meet constitutionally established requirements and thus were not approved. In cases in which individual churches or schools affiliated with a nationally registered church applied separately for special public recognition, the Government granted those organizations affiliate or associate status. More than 40 churches asked the Government to sponsor legislation establishing less exacting standards for special public recognition, formally codifying religious freedoms provided in the Constitu-tion, and creating a special office for religious affairs. Although the MOIJ has sta-tutory authority over recognizing religious entities, there is no government agency to monitor or enforce laws governing religious freedom.
Accession to a 1997 public law agreement between the state and non-Catholic reli-gious groups is required for such organizations to minister to their adherents in public institutions such as hospitals or prisons, provide chaplaincy services and re-ligious instruction in public schools, and perform marriages recognized by the state. When deciding whether to grant accession to the 1997 agreement, the Government considers a religious group's total membership, its degree of acceptance within society, and other relevant factors, such as the content of the organization's statutes and its required behavioral norms. At the end of the period covered by this report, 13 non-Catholic churches had been granted accession. No non-Christian religious group was a signatory to the 1997 public law agreement. Some promi-nent non-Christian religious groups, such as the Jewish community, chose not to accede to the 1997 public law, declaring that the agreement was designed for Prot-estant groups. Many churches that are signatories reported that some local authori-ties failed to comply with the accord.
The Ministry of Foreign Relations issues visas to foreign missionaries and admin-istrators of religious groups that received special public recognition. Foreign mis-sionaries are required to possess a special visa, valid up to 2 years. Applicants must have a certificate from the MOIJ confirming that their religion is registered with the Ministry or a certificate issued by the Catholic archdiocese. Alternatively, they may produce a certificate issued by the religious organization confirming the applicant's membership and mission in the country, as well as a letter issued by a legal representative of the religious organization stating that the organization ac-cepts full financial responsibility for the expenses of the applicant and his family, including return to their country of origin or last country of residence. In both cas-es, applicants must explain the purpose of the proposed sojourn and provide proof of economic means. The Government generally permits missionaries to prosely-tize among the indigenous population, provided that the indigenous group wel-comes proselytization and visitors do not induce members of indigenous communi-ties to adopt changes that endanger their survival on traditional lands. The Su-preme Court stipulated that no group may force religious conversion on members of indigenous communities.
The Constitution recognizes the right of parents to choose the type of education their children receive, including religious instruction. It also states that no student shall be forced to receive religious education in public schools. Religious groups that have not acceded to the public law agreement may establish their own schools, provided they comply with Ministry of Education requirements. For example, the Jewish community operates its own schools. The Catholic Church has an agree-ment with the Government to provide education in rural areas that have no state-operated schools. These schools are tax-exempt. Leaders of non-Catholic reli-gious groups claimed that local authorities in many municipalities did not grant their schools the same tax-exempt status enjoyed by Catholic schools. These lead-ers also alleged that a decree by the Minister of Education to include education about religion in public schools was interpreted in many municipalities as a man-date to teach about Catholicism only, while offering no alternative instruction to students of other religious groups. CEDECOL, however, noted significant pro-gress and that problems remained only in rural areas.
Restrictions on Religious Freedom
The Government generally respected religious freedom in practice. There was no change in the status of respect for religious freedom by the Government during the period covered by this report. Although the 1991 Constitution mandates separation of church and state, the Cath-olic Church retains a de facto privileged status. Accession to the 1997 public law agreement is required for non-Catholic groups to minister to military personnel, public hospital patients, and prisoners, and to provide religious instruction in pub-lic schools. Muslim and Protestant leaders claimed difficulties in gaining military chaplain positions and access to prisoners.
The state recognizes as legally binding only those religious marriages celebrated by the Catholic Church and the 13 non-Catholic religious organizations that are signatories to the 1997 public law agreement, as well as religious groups with an associate status. Members of religious groups that are not signatories to the agreement must marry in a civil ceremony in order for the state to recognize the marriage. Some signatories to the agreement complained of discrimination at the local level, such as refusal by municipal authorities to recognize marriages per-formed by these groups.
CEDECOL claimed that two state-operated television channels refused to allow evangelical groups to buy or receive airtime, while the Catholic Church received 1 minute daily without cost.
All legally recognized churches, seminaries, monasteries, and convents are exempt from national and local taxes and customs duties; however, CEDECOL claimed that this was not respected in practice and that reportedly municipal governments required some non-Catholic religious groups to pay property and other local taxes on their places of worship and schools. According to a 2006 article in the daily newspaper El Espectador, the Treasury Department issued a decree requiring all non-Catholic places of worship to pay a 4 percent tax on all tithes, offerings, and charitable contributions. According to CEDECOL, non-Catholic missionaries and religious leaders must also pay a 17 percent tax on all financial assistance received from abroad.
In 2006 the Bogotá municipal government passed a city planning ordinance that restricted the number of churches in residential areas and placed stringent building codes on church facilities. The city granted congregations until 2015 to implement fire safety, disabled access, and other security aspects. The Executive Secretary of CEDECOL stated that the ordinance was a positive step and did not show favorit-ism toward the Catholic Church. He added that Catholic churches are usually old-er and are exempt from some of the standards due to their historical and architec-tural status.
There were no reports of religious prisoners or detainees in the country.
Forced Religious Conversion
There were no reports of forced religious conversion, including of minor U. S. citi-zens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.
Abuses by Rebel or Foreign Forces or Terrorist Organizations
Religious leaders and practitioners were the targets of threats and kidnappings by guerrilla groups, former paramilitaries, and new criminal groups, generally for po-litical or financial rather than religious reasons. These groups were responsible for the majority of such attacks and threats, killing, kidnapping, extorting, and inhibit-ing free religious expression.
The Human Rights Unit of the Prosecutor General's Office continued to investigate the killings in past years of 14 members of the clergy believed to have been tar-geted because they were outspoken critics of terrorist organizations. The Presiden-tial Program for Human Rights reported that nearly all killings of priests by terror-ist groups could be attributed to leftist guerrillas, particularly the FARC. Since Ju-ly 1, 2005, according to the Catholic Bishops' Conference, terrorist groups killed seven priests. Catholic and Protestant church leaders noted that killings of reli-gious leaders in rural communities were generally underreported because of the communities' isolation and fear of retribution. Religious leaders generally chose not to seek government protection because of their pacifist beliefs and fear of retri-bution from terrorist groups. A human rights organization affiliated with the Men-nonite church, Justicia, Paz y Acción Noviolenta (Justapaz), and CEDECOL claimed that guerrillas, former paramilitaries, and new criminal groups equally committed violence against evangelical church leaders. New criminal groups, in-cluding the New Bolivarian Self-Defense Forces and the Aguilas Negras, targeted human rights organizations. Religious workers involved in human rights activities received death threats.
Most religious groups reported that due to threats from guerrillas, former paramili-taries, and new criminal groups, many religious authorities were forced to refrain from publicly discussing the internal conflict. Illegal armed groups, especially the FARC, threatened or attacked religious officials for opposing the forced recruit-ment of minors, promoting human rights, assisting internally displaced persons, and discouraging coca cultivation. The Catholic Bishops' Conference also reported that guerrillas, former paramilitaries, and new criminal groups issued death threats against rural priests who spoke out against them. In response to such threats, some religious leaders relocated to other communities.
Guerrillas, former paramilitaries, and new criminal groups harassed some indige-nous groups that practiced animistic or syncretic religions; however, such harass-ment appeared generally motivated by political or economic differences (whether real or perceived) or by questions of land ownership rather than by religious con-cerns.
Section III. Societal Abuses and Discrimination
There were some reports of societal abuses or discrimination based on religious af-filiation, belief, or practice. The Catholic Church and some evangelical churches reported that some indigenous leaders were intolerant of nonsyncretic forms of worship.
A number of faith-based NGOs promoted human rights, social and economic de-velopment, and a negotiated settlement to the internal armed conflict. The most influential of these organizations were either affiliated with the Catholic Church or founded by church officials. The Catholic Church was the only institutional pres-ence in many rural areas and its Social Pastoral Agency conducted important social work.
Section IV. U.S. Government Policy
The U.S. Government discusses religious freedom with the Government as part of its overall policy to promote human rights. The U.S. Embassy maintained regular communication with representatives of the Catholic Church and other religious groups.