LEGAL FRAMEWORK

The constitution establishes a secular state; prohibits religious discrimination; recognizes freedom of thought, conscience, and religion; and provides for equal protection under the law regardless of religion. These rights may be limited by law in the general interest or to protect the rights of others, and may not be abused to compromise national unity, independence, peace, democracy, or the secular nature of the state, or to violate the constitution. The constitution prohibits political parties from preaching religious violence, exclusion, or hate. By law, all religious celebrations and prayer sessions may not cause harm to the natural environment and must respect public order.

For official recognition, the law requires all religious organizations to register with the MOI and calls upon each religious group applying for registration to provide its denomination, a copy of its bylaws, a local headquarters address as well as a foreign address if the group is headquartered abroad, and the names and addresses of the group’s governing body and legal representative.

The law further requires each religious group’s facilities meet construction and sanitation requirements and prohibits religious groups from undertaking religious activities during work hours unless authorized by the MOI. Additionally, all religious groups must carry out an economic or social project, such as establishing a school or health center. All religious groups are required to file an annual report on their activities, which an MOI team monitors. The law prohibits individuals, either independently or within religious denominations, from professing themselves to be God. The law also prohibits the promotion of atheism.

According to the law, all legal representatives for religious groups must be Burundian citizens, at least 30 years old, and hold at minimum a bachelor’s degree. The law mandates terms within groups’ governing bodies be limited to five years, renewable by democratic elections. The law also gives the MOI the right to organize elections should religious leaders fail to do so at term’s end. Any religious group headquartered outside the country must also sign a framework agreement with the government and ensure traceability of all foreign funding by opening foreign currency accounts at the central bank and providing proof of origin of foreign funding in order to access those accounts.

The law regulating religious groups provides several additional registration requirements, including respect for the environment, hygiene standards, public order, adherence to guidelines mandating certain distances between places of worship, and avoidance of noise pollution. Any independent religious group based in-country filing for registration must have a minimum of 300 members. Foreign-based religious groups seeking to establish an in-country presence must have at least 500 members to qualify. The law prohibits foreign citizens from being members of executive and decision-making bodies for religious groups at the national level. The MOI provisionally grants legal status for up to two years while registration approval is pending.

The law on religious groups does not provide broad tax exemptions or other benefits; however, the financial laws exempt from tax those goods imported by religious groups if the groups can demonstrate importation of the goods is in the public interest. Some religious schools have agreements with the government entitling them to tax exemptions when investing in infrastructure or purchasing school equipment and educational materials.

The MOI usually processes registration requests in two to four weeks. Leaders, administrators, or adherents of religious groups who continue to practice after registration is denied, or after the dissolution or suspension of a previously approved registration, are subject to six months to five years of imprisonment, a fine, or both.

The official school curriculum includes religion and non-religious morality classes for all primary and secondary schools. The religion classes offer instruction in Catholicism, Protestantism, and Islam, although not all classes may be available if the number of interested students is insufficient in a particular school. Students may choose from among the available religion courses or attend a non-religious morality class instead.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

Abuses Involving the Ability of Individuals to Engage in Religious Activities Alone or in Community with Others

Media outlets reported that on April 4, police arrested approximately 61 members of a local religious group, “World’s Glory Church,” on charges of making noise and worshipping in an unauthorized location in Ngozi Province. According to media sources, police arrested the group members during their worship service and detained them in overcrowded and unsanitary conditions at the Ngozi police station. Sources indicated they were released a few days later upon payment of a fine.

Other Developments Affecting Religious Freedom

Minister of Interior Martin Niteretse organized a conference with religious leaders on December 29, 2022, to explain amendments to the new law regulating religious groups. Niteretse highlighted the law’s main intent was to find “sustainable solutions,” such as requiring religious groups to establish mechanisms for mediating internal disputes, to address the issues “afflicting” Burundi’s religious bodies, especially leadership conflicts.

President Ndayishimiye met with religious leaders and civil society organizations in September to discuss their roles in justice and the country’s development. According to media reports, the President urged them to use their sermons to address the importance of integrity and combatting fraud and injustice.

During the year, government officials increased cooperation with religious groups to achieve development goals and build public support. Media reported that during their official visits throughout the country, government officials met with religious leaders, seeing them as key local actors.

The National Council for the Defense of Democracy – Forces for the Defense of Democracy, the country’s ruling political party, organized monthly “thanksgiving crusades” on the last Thursday of each month in all the country’s provinces. Government officials, party members, religious leaders, and other notable local figures were invited to attend. During the events, religious leaders representing various churches and mosques offered prayers of thanksgiving for the blessings they received during the year. Government officials delivered speeches referencing religious texts, including the Bible, and their applicability to events in the country. The speeches also touched on ways for party members to improve their behavior, both on a personal level and as members of the ruling party.

Throughout the year, media outlets highlighted weekly visits by government officials to various churches and Muslim communities, including by President Ndayishimiye, Vice President Prosper Bazombanza, Speaker of the National Assembly Gelais-Daniel Ndabirabe, and President of the Senate Emmanuel Sinzohagera. In some instances, church leaders gave officials opportunities to preach. Senate President Sinzohagera also served as the legal representative of the Free Methodist Church.

The government continued to grant benefits to some religious groups that request it and meet statutory requirements, including tax waivers for the acquisition of materials for development projects. According to the country’s revenue authority, the government also granted tax waivers for imported items such as printed religious materials, wine for masses or other religious services, and equipment to produce communion wafers. Religious organizations are required to pay taxes on profits from their commercial activities, as well as sales tax on relevant purchases.

Media reports indicated tensions within EUSEBU first began in November 2021 when two of EUSEBU’s founders, Laban Brankunda and Joel Gahimbare, fought over leadership of the church. According to media sources, the power struggle ultimately resulted in the April 2022 assassination of Jean Gordien Niyungeko, EUSEBU’s legal representative, and Salvator Nzambimana, head of EUSEBU’s United States branch. A well-placed human rights activist reported a trial is currently pending before the Bujumbura Court of Appeals in which several individuals, including a high-ranking military officer, are charged with the pastors’ murders.

The Community of Pentecostal Churches in Burundi (CEPBU) submitted a written request to the MOI asking for the ministry’s assistance in resolving disagreements within the community regarding leadership succession. Media reported that on September 12, the MOI met with CEPBU leaders. On September 15, media sources indicated the crisis within CEPBU has been resolved “internally.” No additional details were published regarding the nature of the conflict or the MOI’s degree of involvement in its resolution.