ISSUE - Basic Questions about Language of Religion in Sub-Saharan Africa

 

THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

DURBAN CONFERENCE – BASIC QUESTIONS ABOUT

LANGUAGE OF RELIGION IN SUB-SAHARAN AFRICA

 

Issue: Basic Questions about Language of Religion in Sub-Saharan Africa

 

For: United Nations, Governments, Religions or Beliefs, Academia, NGOs, Media, Civil Society

                                                                                                                                                                             

Review: Conference Raises Questions about Language of Religion in Sub-Saharan Africa, by Stacey Harwell, Emory University Center for the Study of Law and Religion, July 18, 2008. 

 

The United Nations Human Rights Council launched a plan in 2008 called the Universal Periodic Review. All UN Member States have been assigned a date to review their international human rights responsibilities and obligations.

 

The Durban Conference will be helpful to Sub-Saharan Africa countries as a follow up to their Universal Periodic Reviews.

 

Excerpts and comments followed by complete article:

 

Conference Raises Basic Questions about Language of Religion in Sub-Saharan Africa

 

“Western perceptions of religion and church-state relations must be put aside before productive conversations about law, religion, and human rights can take place in sub-Saharan Africa, according to religious liberty scholars and activists who took part in a conference hosted by the Center for the Study of Law and Religion (CSLR) April 30-May 3, 2008, in Durban, South Africa…The conference discovered that when discussing religion in Africa, the immediate challenge is defining the word “religion,” because its meaning is tangled in colonial imposition of western definitions upon African cultural practices.”

 

The conference proposes from an international human rights perspective to “identify ongoing and future problem areas relating to the relationship between church and state and the interaction of religion and law in the various regions and countries of the world.” If defining the word “religion” is difficult because it imposes western definitions upon African cultural practices alternatives to languages might be structured that would accommodate international human rights, the Constitutions and traditional African cultural practices in these countries at local levels.

 

The Center for the Study of Law and Religion at Emory University is home to world-class scholars and forums on the religious foundations of law, politics, and society. It offers first-rank expertise on how the teachings and practices of Christianity, Judaism, and Islam have shaped and can continue to transform the fundamental ideas and institutions of our public and private lives. The scholarship of CSLR faculty provides the latest perspectives, while its conferences and public forums foster reasoned and robust public debate. Link to CSLR:

 

http://www.law.emory.edu/index.php?id=1570

 

Excerpts: Excerpts are presented under the Eight Articles of the 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. Examples of extracts are presented prior to an Issue Statement for each Review.  

 

Conference Raises Questions about Language of Religion

Friday, July 18, 2008

By: Stacey Harwell

Western perceptions of religion and church-state relations must be put aside before productive conversations about law, religion, and human rights can take place in sub-Saharan Africa, according to religious liberty scholars and activists who took part in a conference hosted by the Center for the Study of Law and Religion (CSLR) April 30-May 3, 2008, in Durban, South Africa.

Sponsored by the Henry Luce Foundation, Inc., the conference brought together 13 participants from nine African countries, with CSLR Senior Fellows Johan D. van der Vyver and M. Christian Green serving as co-conveners. It was part of the Law, Religion, and Human Rights in International Perspective project designed to identify ongoing and future problem areas relating to the relationship between church and state and the interaction of religion and law in the various regions of the world.

The conference discovered that when discussing religion in Africa, the immediate challenge is defining the word “religion,” because its meaning is tangled in colonial imposition of western definitions upon African cultural practices. “When dealing with African customary institutions, use of the word ‘religion’ is forbidden,” said Van der Vyver, I.T. Cohen Professor of International Law and Human Rights.

Many African traditional practices are misunderstood or mislabeled because of a perceived similarity to clearly defined religious activities in other parts of the world.  What many might misleadingly call “ancestral worship” may actually be better defined as “homage to the forefathers,” which is the ritual of appealing to the ancestors for help in a range of areas, from protection from natural disasters to bringing happiness.

Another subject that contributes to the religious confusion is a widespread belief in witchcraft. The problem lies in the debate between whether or not witchcraft should be treated as religion or mere superstition.  If witchcraft is considered a religion, should it be protected? Would it be constitutional for self-proclaimed witches and wizards to practice their religion, even if in some cases it involves violation of others’ rights?

The subject matter is sensitive and raises the question, as one Liberian conference participant described, of “traditional beliefs and practices versus the rule of law.” Phrased differently, “how does one install respects for the rule of law where the law prohibits deeply rooted belief structures and traditional practices?” The ultimate goal, according to several participants in the conference, is cultivation of a human rights ethos that can be instilled into traditional African communities without compromising pride in their original identity.

Self-determination of religion was another important focus of the conference. On a continent where many constitutions are trying to reclaim their sense of national identity by promoting national integration of not only races but also faith, loss of pride in one’s distinctive identity becomes the unfortunate result. For example, when Zambia proclaims to be a “Christian nation” and yet upholds the right of every person to enjoy freedom of conscience and religion, questions arise as to the true nature of self-determination and the real relationship between church and state.

JOHAN VAN DER VYVER and M. CHRISTIAN GREEN

 

“Pride in one’s ethnic, linguistic and racial extraction is a fact of life that ought to be encouraged, provided one refrains from claiming political rights and powers founded on those salient group identities which add to the individuality of every person,” said Van der Vyver.

 

Van der Vyver explains that African constitutions reflect almost all varieties of church-state relations, but “the theoretical constitutional provisions regulating the relationship between church and state are perhaps in most cases fiction rather than fact.” For example, Botswana’s 1996 constitution declares it a secular state, but also declares Christian holidays as public holidays, and the Democratic Republic of the Congo is a religiously neutral state on paper but in practice is predominately Roman Catholic.

 

Green, the Alonzo McDonald Family Senior Researcher at the CSLR, said that church-state relationships in Africa are particularly noteworthy to her because of the American concern for neutrality and separation. “Separation of church and state – or perhaps more appropriately religion and politics or religion and culture – just is not the operative paradigm there, even in cases where the constitutions and laws of particular states specify that separation is the law of the land,” Green said.

 

Van der Vyver makes a point of separating the terms “religiously neutral” and “secular” state, stating that secular states uphold the wall between the church and state to distance themselves from religious practices while a religiously neutral state seeks to uphold equal treatment of all religions without precluding itself from participating in or the sponsoring of religion. Van der Vyver explains that “if one upholds certain religious rites because the state compels one to do so, observance of those rites becomes a legal obligation and as such forfeits its faith-based (religious) significance.”

The lack of true separation of church and state in many African countries has led to religious discrimination. Although the oldest religion in Liberia is Islam, Muslim students are denied the option out of Bible classes, the Koran is not taught in public schools, distinctive clothing identifying one as a Muslim cannot be worn, and Ramadan is not officially celebrated.

 

As in all parts of the world, religion can be either a powerful weapon in promoting moral values and enhancing humane conditions or it can actively oppose principles associated with human rights and fundamental freedoms. Pointing to the inferior status women hold in many countries, Van der Vyver explained that “polygamy, the payment of dowry, and the inferior status of women in African customary unions have thus far not been seriously contested, or even questioned, by main-line religious institutions.” Because there are adherents of Islam and Christianity that strongly oppose homosexuality, measures to prevent discrimination based on sexual orientation have been met with incredible resistance.

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Selected papers presented at the Durban Conference will be published in the African Human Rights Journal, and some of the more complex issues that arose are being explored by CSLR and other conference participants. Among the topics being pursued: the interaction of religion and culture; religious varieties with special emphasis on African Traditional Religions and the independent African (Protestant Christian) Churches; and secularism, religious neutrality, and denominational preferences in church-state relations.

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ISSUE STATEMENT: International Human Rights Standards on Freedom of Religion or Belief are international human rights treaty law and universal codes of conduct for peaceful cooperation, respectful competition and resolution of conflicts. The standards are a platform for genuine dialogue on core principles and values within and among nations, all religions and other beliefs.

 

General Comment 22 (48) Article 18, International Covenant on Civil and Political Rights, UN Human Rights Committee, 20 July 1993 (CCPR/C/21/Rev.1/Add.4): Article 18: protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.

 

General Comment 22 (48) Article 18, International Covenant on Civil and Political Rights, UN Human Rights Committee, 20 July 1993 (CCPR/C/21/Rev.1/Add.4): The Committee observes that the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition.

 

The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with international characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community.

 

Surely one of the best hopes for the future of humankind is to embrace a culture in which religions and other beliefs accept one another, in which wars and violence are not tolerated in the name of an exclusive right to truth, in which children are raised to solve conflicts with mediation, compassion and understanding.

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STANDARDS: http://www.tandemproject.com/program/81_dec.htm

 

Submit information under the Eight Articles and sub-paragraphs of the 1981 U.N. Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief by using The Tandem Project Country & Community Database. 

 

http://www.tandemproject.com/databases/forms/card.htm

 

Introduction: The Tandem Project is dedicated to support for International Human Rights Standards on Freedom of Religion or Belief. The focus is on fundamental values shared virtually universally by public, private, religious and non-religious organizations to change how our cultures view differences, how we often behave toward one another and to forestall the reflexive hostility we see so vividly around the world.

 

As we are all painfully aware, religious conflict continues to escalate worldwide whether in the Middle East, Eastern Europe, Africa, South Asia, East Asia or the Americas. Acceptance of the rights of others to their own beliefs continues to be a value denied for millions of people. Much suffering is inflicted in the name of religion or belief on minorities, women and children and “the other” for the most part by perpetrators in total disregard for the tenets of their own faiths.

 

Surely one of the best hopes for the future of humankind is to embrace a culture in which religions and other beliefs accept one another, in which wars and violence are not tolerated in the name of an exclusive right to truth, in which children are raised to solve conflicts with mediation, compassion and understanding.

 

The Tandem Project: a non-governmental organization founded in 1986 to build understanding, tolerance and respect for diversity, and to prevent discrimination in matters relating to freedom of religion or belief. The Tandem Project, a non-profit NGO, has sponsored multiple conferences, curricula, reference materials and programs on Article 18 of the International Covenant on Civil and Political Rights – Everyone shall have the right to freedom of thought, conscience and religion - and 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

 

The Tandem Project initiative is the result of a co-founder representing the World Federation of United Nations Associations at the United Nations Geneva Seminar, Encouragement of Understanding, Tolerance and Respect in Matters Relating to Freedom of Religion or Belief, called by the UN Secretariat in 1984 on ways to implement the 1981 UN Declaration. In 1986, The Tandem Project organized the first NGO International Conference on the 1981 UN Declaration.

 

The Tandem Project Executive Director is: Michael M. Roan, mroan@tandemproject.com. 

 

The Tandem Project is a UN NGO in Special Consultative Status with the

Economic and Social Council of the United Nations

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Goal: To eliminate all forms of intolerance and discrimination based on religion or belief.

 

Purpose: To build understanding and support for Article 18, International Covenant on Civil and Political Rights –Everyone shall have the right to freedom of thought, conscience and religion - and the 1981 UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief. Encourage the United Nations, Governments, Religions or Beliefs, Academia, NGOs, Media and Civil Society to utilize International Human Rights Standards on Freedom of Religion or Belief as essential for long-term solutions to conflicts in all matters relating to religion or belief.

 

Objectives:

 

1. Use International Human Rights Standards on Freedom of Religion or Belief as a platform for genuine dialogue on the core principles and values within and among nations, all religions and other beliefs.

 

2. Adapt these human rights standards to early childhood education, teaching children, from the very beginning, that their own religion is one out of many and that it is a personal choice for everyone to adhere to the religion or belief by which he or she feels most inspired, or to adhere to no religion or belief at all.1

 

Challenge: In 1968 the United Nations deferred work on an International Convention on the Elimination of all Forms of Religious Intolerance, because of its apparent complexity and sensitivity. In the twenty-first century, a dramatic increase of intolerance and discrimination on grounds of religion or belief is motivating a worldwide search to find solutions to these problems. This is a challenge calling for enhanced dialogue by States and others; including consideration of an International Convention on Freedom of Religion or Belief for protection of and accountability by all religions or beliefs. The tensions in today’s world inspire a question such as:

 

Should the United Nations adopt an International Convention on Freedom of Religion or Belief?

 

Response: Is it the appropriate moment to reinitiate the drafting of a legally binding international convention on freedom of religion or belief? Law making of this nature requires a minimum consensus and an environment that appeals to reason rather than emotions. At the same time we are on a learning curve as the various dimensions of the Declaration are being explored. Many academics have produced voluminous books on these questions but more ground has to be prepared before setting up of a UN working group on drafting a convention. In my opinion, we should not try to rush the elaboration of a Convention on Freedom of Religion or Belief, especially not in times of high tensions and unpreparedness. - UN Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, Prague 25 Year Anniversary Commemoration of the 1981 UN Declaration, 25 November 2006.

 

Option: After forty years this may be the time, however complex and sensitive, for the United Nations Human Rights Council to appoint an Open-ended Working Group to draft a United Nations Convention on Freedom of Religion or Belief. The mandate for an Open-ended Working Group ought to assure nothing in a draft Convention will be construed as restricting or derogating from any right defined in the Universal Declaration of Human Rights, the International Covenants on Human Rights, and the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

 

Separation of Religion or Belief and State

 

Concept:  Separation of Religion or Belief and State - SOROBAS. The First Preamble to the 1948 United Nations Universal Declaration of Human Rights reads; “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.  This concept suggests States recalling their history, culture and constitution adopt fair and equal human rights protection for all religions or beliefs as described in General Comment 22 on Article 18, International Covenant on Civil and Political Rights, UN Human Rights Committee, 20 July 1993 (CCPR/C/21/Rev.1/Add.4):

 

Article 18: protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with international characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community. Article 18: permits restrictions to manifest a religion or belief only if such limitations are prescribed by law and necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

 

International Human Rights Standards on Freedom of Religion or Belief are used to review the actions of governments, religions or beliefs, non-governmental organizations and civil society under constitutional systems such as Separation of Church and State, State Church, Theocratic, and other legal frameworks. The concept Separation of Religion or Belief and State means equal, fair and practical support for all theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief, in tandem with international human rights standards on freedom of religion or belief.

 

Dialogue: United Nations Secretary General Ban Ki Moon, at the Alliance of Civilizations Madrid Forum said; “Never in our lifetime has there been a more desperate need for constructive and committed dialogue, among individuals, among communities, among cultures, among and between nations.” A writer in another setting has said, “The warning signs are clear: unless we establish genuine dialogue within and among all kinds of belief, ranging from religious fundamentalism to secular dogmatism, the conflicts of the future will probably be even more deadly.” 

 

International Human Rights Standards on Freedom or Religion or Belief are international law and universal codes of conduct for peaceful cooperation, respectful competition and resolution of conflicts. The standards are a platform for genuine dialogue on core principles and values within and among nations, all religions and other beliefs.

 

Education: Ambassador Piet de Klerk addressing the Prague 25 Year Anniversary Commemoration of the 1981 U.N. Declaration said; “Our educational systems need to provide children with a broad orientation: from the very beginning, children should be taught that their own religion is one out of many and that it is a personal choice for everyone to adhere to the religion or belief by which he or she feels most inspired, or to adhere to no religion or belief at all.” 1

 

The 1981 U.N. Declaration states; “Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents, the best interests of the child being the guiding principle.” With International Human Rights safeguards, early childhood education is the best time to begin to build tolerance, understanding and respect for freedom of religion or belief.

 

Documents Attached:

 

Durban Conference - Basic Questions about Language of Religion in Sub-Saharan Africa

Zambia- Freedom of Religion or Belief - Dialogue Proposal as Follow-up to Universal Periodic Review

Zambia - Freedom of Religion or Belief - Education Proposal as Follow-up to Universal Periodic Review