Legal FrameworkThe constitution prohibits religious discrimination, specifies separation of religion and state as an unalterable principle, and stipulates equality under the law for all, regardless of religion. It provides for freedom of conscience, religion, worship, and expression of faith consistent with public order, social peace, and national unity. The constitution also states no “religion or faith” shall claim political power or interfere in state affairs and bans political parties based on religious affiliation.
The law on the organization and practice of religion, passed and ratified in 2019, reaffirms existing laws on freedom of religion, provided religion is exercised respecting “public order and moral good.” It provides for government regulation and approval of the construction of places of worship and oversight of financial contributions for the construction of religious venues.
Religious groups are treated the same as other nongovernmental organizations (NGOs) and must register with the Ministry of Interior’s Customary and Religious Affairs Office. Registration approval is based on submission of required legal documents, including the group’s charter, minutes of the group’s board of directors, annual action plan, and list of the organization’s founders. Only registered organizations are legally recognized entities. Nonregistered groups are not permitted to operate, although some unregistered religious organizations reportedly operate without authorization in remote areas. The Ministry of Interior requires clerics speaking to a large national gathering either to belong to a registered religious organization or to obtain a special permit.
Registered religious groups wishing to obtain permanent legal status must undergo a three-year review and probationary period before the Ministry of Interior’s Customary and Religious Affairs Office may grant a change in legal status from probationary to permanent.
The constitution specifies the President, Prime Minister, and President of the National Assembly must take an oath when assuming office on the holy book of his or her religion. By law, other senior government officials are also required to take religious oaths upon entering office.
The government prohibits full-face veils in the Diffa Region under state of emergency provisions, with the stated purpose of preventing concealment of bombs and weapons.
The government prohibits open air, public proselytization events by all religious groups due to expressed national security concerns. There is no legal restriction on private, peaceful proselytization or conversion of an individual from one religious faith to another as long as the group sponsoring the conversion is registered with the government.
The establishment of any private school by a religious association must receive the concurrence of both the Ministry of Interior and the relevant department of the Ministry of Education (primary, secondary, superior, or vocational). According to the Ministry of Interior, private Quranic schools, established solely to teach the Quran without providing other education, are unregulated. They are officially considered to be denominational schools falling under the Ministry of the Interior, not benefiting from public subsidies. They depend on lay teachers with unstable and often low incomes. Sources state they are educational structures of variable quality, normally tending to impart formal learning of Quranic recitation and a number of doctrinal and social elements of Islam. Most public schools do not include religious education. The government funds a small number of special primary schools (called “French and Arabic schools”) that include Islamic religious study as part of the curriculum.
There are no restrictions on the issuance of visas for visiting religious representatives; however, the long-term residency of foreign religious representatives must be approved by the Ministry of Interior.
The country is a party to the International Covenant on Civil and Political Rights.