Religious Freedom in the Global South

A special issue of Religions (ISSN 2077-1444).

Deadline for manuscript submissions: closed (31 December 2020) | Viewed by 278140

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Guest Editor
Department of Public Law, University of Cape Town, Rondebosch 7701, South Africa
Interests: freedom of religion; human rights; pluralism; law; politics; culture; global south

Special Issue Information

Dear Colleagues,

Literature on freedom of religion appears to be populated by global north perspectives, which largely dominate the mainstream discourse on religious freedom. The purpose of this special edition of the journal Religions is to create a space for contributions on religious freedom within the global south, particularly from Africa, the Arab States, Asia, Central America, the Commonwealth of Independent States, Europe, Pacific, and South/Latin America.

In this special edition, which aims to embody an inter- and multidisciplinary approach, the following (and other) questions are invited to be explored: Do the approaches of countries in the global south to freedom of religion reflect a plurality of perspectives or do the commonalities outweigh the differences? How has history assisted in shaping the discourse on freedom of religion in global south countries? How do the legal frameworks of global south countries protect, promote or deny the right to freedom of religion, and what are the reasons for this? Is the right to freedom of religion in global south countries conceived as an individual, collective, associational and/or as a group, right? How do global south countries address potential conflicts when the right to freedom of religion undermines or is undermined by other human rights for example, sex/gender equality? To what extent, if any, do politics, religion, culture and law intersect in influencing and developing the narratives on religious freedom in the global south? Which other factors impact on how global south countries have developed their discourse on freedom of religion?

Scholars working in various disciplines in the area of religious freedom are invited to submit paper abstracts of no more than 500 words, which address any or all of the above questions and/or questions relating to freedom of religion in the global south that have not been included in this concept note. A focus on a single country or comparative perspectives between or among different countries is equally welcome.

Dr. Waheeda Amien
Guest Editor

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Keywords

  • freedom of religion
  • human rights
  • pluralism
  • law
  • politics
  • culture
  • global south

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Published Papers (11 papers)

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Research

20 pages, 263 KiB  
Article
The Issue of Rights of Religious Freedom in Some Domestic Violence Cases in Indonesia
by Lidwina Inge Nurtjahyo
Religions 2021, 12(9), 733; https://doi.org/10.3390/rel12090733 - 7 Sep 2021
Cited by 2 | Viewed by 3020
Abstract
Based on the National Commission for the Protection of the Rights of Women and Children of Indonesia’s annual report, in 2020 there were 11,105 cases of domestic violence reported. Those domestic violence cases were caused by complex factors. One of the causes is [...] Read more.
Based on the National Commission for the Protection of the Rights of Women and Children of Indonesia’s annual report, in 2020 there were 11,105 cases of domestic violence reported. Those domestic violence cases were caused by complex factors. One of the causes is the limitation of religious freedom in the family. In Indonesia, between 2010 and 2019, there were several cases of domestic violence caused by women choosing different religions from their parents or husband. Domestic violence involving limitation of the rights of religious freedom is sometimes resolved by divorcing or by completing it with coercive efforts. The rights of religious freedom in Indonesia, although protected by the Constitution and by the Act of Protection of Human Rights No. 39 of 1999, still face various challenges in implementation. The choice of religion in some families is highly influenced and determined by the authority in the family. This article analyzes the secondary data from online news, verdicts, and statistics from the Supreme Court Directory between 2010 and 2019. Findings are analyzed using the perspective of gender studies and anthropology of law. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
22 pages, 299 KiB  
Article
Citizenship and Religious Freedoms in Post-Revolutionary Egypt
by Mohamed Fahmy Menza
Religions 2021, 12(7), 516; https://doi.org/10.3390/rel12070516 - 8 Jul 2021
Viewed by 3159
Abstract
The majority of the social and political forces that spearheaded and actively participated in the 2011 and 2013 waves of uprisings catapulted the demands to reestablish ‘citizenship’ as one of the main foundations of a new social contract aiming at redefining state–society relations [...] Read more.
The majority of the social and political forces that spearheaded and actively participated in the 2011 and 2013 waves of uprisings catapulted the demands to reestablish ‘citizenship’ as one of the main foundations of a new social contract aiming at redefining state–society relations in a new Egypt. Meanwhile, the concept of citizenship has been increasingly featured in the discourse and practice of a wide variety of state actors and institutions. In fact, Egypt’s experiences with the modern nation-state project concerning the conceptualization of citizenship, and the subsequent implications on religious freedoms and the role of religion in the polity at large, has gone through various ebbs and flows since the beginning of the 20th century. The concept of citizenship as such has faced a plethora of challenges and has been affected by the socioeconomic and political trajectories of state–society relations during the Nasser, Sadat, Mubarak, and, most recently, Sissi regimes. Dilemmas of geographical disparities and uneven access to resources and services, in addition to issues of discrimination against ethnic and religious minorities such as Coptic Christians, Shiites, Nubians, Bedouins, or on the basis of gender, are among the main accompanying features of the neoliberal order that was introduced and then consolidated first by Sadat’s Open Door and then Mubarak’s state-withdrawal policies, respectively. To what extent did the conception and practice of citizenship rights and religious freedoms—as defined by state and non-state actors—change after the demise of the Mubarak regime? In addition, what is the role of the Egyptian civil society vis-a-vis the state in this process of conceptualizing and/or practicing citizenship rights and religious freedoms in the new Egypt? Focusing on the aforementioned questions, this paper aims at shedding some light on the changing role of religion in the Egyptian polity post 2011, while also highlighting the impact of the sociopolitical and economic ramifications witnessed within the society on the scope of religious liberties and citizenship rights as a whole. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
33 pages, 317 KiB  
Article
How Loud Is Too Loud? Competing Rights to Religious Freedom and Property and the Muslim Call to Prayer (Adhan or Azan) in South Africa
by Najma Moosa
Religions 2021, 12(5), 349; https://doi.org/10.3390/rel12050349 - 14 May 2021
Cited by 4 | Viewed by 7096
Abstract
This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim religious authorities (ulama) have since the twentieth [...] Read more.
This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim religious authorities (ulama) have since the twentieth century also approved of, and permitted, an amplified adhan. The adhan has been rendered in both forms from South African mosques (masjids) for some 223 years. However, the unamplified adhan has recently come under the legal and judicial spotlight when the volume of its rendering by human voice was restricted. In August 2020, after prior attempts at municipal level and mediation had been unsuccessful, a high court in KwaZulu-Natal, South Africa, ruled that the sound of the unamplified adhan emanating from a mosque located on the premises of an Islamic institution (madrassa) in the city of Durban should not be audible within the house situated on nearby property belonging to a Hindu neighbor. Wide media coverage reported that the ruling was publicly decried and met with criticism. The Madrassa lodged an appeal in September 2020 and the matter is ongoing. The High Court’s decision is binding in KwaZulu-Natal, a province where Hindus, as a religious minority, are concentrated. The article highlights that although the decision is not binding on similar courts in other provinces, its outcome may yet have far-reaching consequences for the adhan as a religious and cultural heritage symbol, and for religious symbols generally, because similar complaints have been lodged, albeit against amplified adhans, against several mosques located in major cities (Cape Town and Tshwane) of two other provinces where Muslims, as a religious minority, are largely concentrated. The article examines the adhan in the context of competing constitutional rights to religious freedom and property (neighbor law) in South Africa. The article proffers some recommendations for the way forward in South Africa based in some instances on the position of the adhan in several countries. It concludes that, ultimately, unamplified, unduly amplified and duly amplified adhans may all yet be found to constitute a noise nuisance in South Africa, if challenged and found to be unreasonable. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
21 pages, 318 KiB  
Article
The Trend to Discriminate Christians: Shifting from the ‘Post-Christian’ West to the Global South
by Nataliya S. Semenova, Ekaterina V. Kiseleva and Aleksandr M. Solntsev
Religions 2021, 12(2), 108; https://doi.org/10.3390/rel12020108 - 6 Feb 2021
Cited by 1 | Viewed by 2507
Abstract
To date, various international treaties have been adopted at the universal and regional levels, guaranteeing the protection of every person’s freedom of conscience and religion. Moreover, international monitoring mechanisms have been established to protect this human freedom within the framework of the UN, [...] Read more.
To date, various international treaties have been adopted at the universal and regional levels, guaranteeing the protection of every person’s freedom of conscience and religion. Moreover, international monitoring mechanisms have been established to protect this human freedom within the framework of the UN, as well as various regional organizations (OSCE, Council of Europe, African Union). (1) In this article, the authors analyze these mechanisms and identify both positive practices and negative discriminatory practices against Christians—citizens of the states of the Global South. (2) The methodological basis of the study involves a combination of general scientific (dialectical, historical, inductive, deductive, analytical, synthetic) and particular scientific methods (formal–legal, comparative–legal, interpretative, statistical, procedural, and dynamic). (3) The use of these allowed the authors to identify a number of key problems in the indicated discourse and to draw conclusions. With regard to abortion, the authors conclude that current trend is that, in multiple and various ways, states are pressed to prioritize a woman’s right to life, a woman’s freedom of “reproductive choice” over a doctor’s right to freedom of conscience. The situation is similar with the prioritization of the so-called “rights” of LGBT persons in relation to the rights of believing Christians. Moreover, the authors pay much attention to the analysis of the situation of the prosecution and persecution of Christians in the countries of the Global South, especially in Africa. (4) In conclusion, it is noted that various instruments, both political and legal, have been established in international law which make it possible to identify facts of the violation of freedom of religion and call to account for such acts of discrimination, but they are not always effective. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
16 pages, 741 KiB  
Article
Religious Freedom in Pakistan: A Case Study of Religious Minorities
by Musferah Mehfooz
Religions 2021, 12(1), 51; https://doi.org/10.3390/rel12010051 - 13 Jan 2021
Cited by 16 | Viewed by 30921
Abstract
The Islamic Republic of Pakistan is a multi-racial and multi-religious nation, with Muslims being in the majority. Its 1973 Constitution guarantees religious freedom to all religious minorities, including Christians, Hindus, and Sikhs. This is mainly because Islam itself ensures religious freedom to the [...] Read more.
The Islamic Republic of Pakistan is a multi-racial and multi-religious nation, with Muslims being in the majority. Its 1973 Constitution guarantees religious freedom to all religious minorities, including Christians, Hindus, and Sikhs. This is mainly because Islam itself ensures religious freedom to the whole of humanity. Unfortunately, some Muslim clerics seem to be attempting to deny religious freedom to other faiths in Pakistan. Their opposition to the plurality of faith contradicts Islamic principles. This research paper identifies such Islamic principles and examines the undesirability of the mistreatment of religious minorities in Pakistan, focusing on the arguments for and against religious freedom in Pakistan on the one hand, and the religious rights and freedoms of non-Muslim minorities from an Islamic perspective on the other. The methodology applied in this discussion is critical analysis. The conclusion drawn is that both the Constitution of Pakistan and Islam guarantee religious freedom to the country’s religious minorities. Finally, this study suggests some practical mechanisms to reconcile the different religious groups in Pakistan. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
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19 pages, 262 KiB  
Article
Religious Freedom, National Identity, and the Polish Catholic Church: Converging Visions of Nation and God
by Kyriaki Topidi
Religions 2019, 10(5), 293; https://doi.org/10.3390/rel10050293 - 26 Apr 2019
Cited by 25 | Viewed by 8644
Abstract
In the most common representations of the Polish people, the Catholic Church is not simply considered as a part of the Polish nation; it is the Polish nation. This is reflected in the constitutional relationship of the Church and the State, in the [...] Read more.
In the most common representations of the Polish people, the Catholic Church is not simply considered as a part of the Polish nation; it is the Polish nation. This is reflected in the constitutional relationship of the Church and the State, in the form of a concordat. Yet, despite a formally constitutionally warranted separation, the Church retains heavy weight in the legal and political debates to the point that currently, in a time of resurgence of populism across the globe, a number of right-wing parties adopt positions based on those of the Church, establishing a dangerous nexus between religion and nationalism. The aim of the present contribution is to map this unique process within Eastern Europe in order to show how, in the case of Poland, religious identity and the exercise of religious freedoms, despite its fragmented nature at the individual level of believers, has acquired the features of an autonomous field of intervention, with clear consequences on morality and the exercise of politics, as well as religious rights and freedoms of citizens. Using the example of religious education in public schools, the article will demonstrate the complex paths of the process of secularization in the light of the historical dynamics of state, nation, and Church in Poland. In fact, it will argue that we are gradually moving away from the triumph of secularism as a “teleological theory of religious development” but firmly entering the perilous territory of religious belief as a “traditional carrier of national identity.” Tasked with the mission by Pope John Paul II to “restore Europe for Christianity,” upon joining the EU in 2004 and based on the premise that “majorities have rights too,” this shift implies new forms of religious nationalism for Poland that significantly affect religious freedom by creating dichotomies between “Us” and “Others.” It also offers, similarly to other Eastern European countries, a nuanced interpretation of religious equality that assumes the role of law as limited to protecting religions recognized by reference to established traditions, ignoring the realities of pluralized religious markets. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
16 pages, 238 KiB  
Article
Sufi and Bhakti Performers and Followers at the Margins of the Global South: Communication Strategies to Negotiate Situated Adversities
by Uttaran Dutta
Religions 2019, 10(3), 206; https://doi.org/10.3390/rel10030206 - 18 Mar 2019
Cited by 3 | Viewed by 5394
Abstract
Throughout the globe (particularly in the global South), religious orthodoxy and their discriminatory intolerances are negatively impacting religious freedom of underserved populations, particularly those who practice/follow alternate spiritual praxis, like the Sufi and Bhakti performers from rural and geographically remote spaces of South [...] Read more.
Throughout the globe (particularly in the global South), religious orthodoxy and their discriminatory intolerances are negatively impacting religious freedom of underserved populations, particularly those who practice/follow alternate spiritual praxis, like the Sufi and Bhakti performers from rural and geographically remote spaces of South Asia. Hindu and Islamic fundamentalist discourses/doctrines are propagating their conservative religious agendas and thereby creating tensions and separatism across the subcontinent. Such religious extremism is responsible for the threatening and even murdering of nonsectarian torchbearers, and their free thoughts. This study focused on various alternate communication strategies espoused by Sufi and bhakti performers and followers in order to negotiate and overcome their marginalized existence as well as to promote the plurality of voices and values in the society. This article identified the following communication strategies—innovative usages of language of inversion or enigmatic language; strategic camouflaging of authors’/writers’ identity, and intergenerational communication of discourses and spiritual values to ensure freedom and survival of their traditions. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
10 pages, 225 KiB  
Article
Church-State Separation and Challenging Issues Concerning Religion
by Eric Vincent Batalla and Rito Baring
Religions 2019, 10(3), 197; https://doi.org/10.3390/rel10030197 - 15 Mar 2019
Cited by 7 | Viewed by 186730
Abstract
In its declaration of principles, the 1987 Philippine Constitution provides for the separation of Church and State. While the principle honors distinctions between temporal and spiritual functions, both Church and State maintain a unique and cooperative relationship geared towards the common good. However, [...] Read more.
In its declaration of principles, the 1987 Philippine Constitution provides for the separation of Church and State. While the principle honors distinctions between temporal and spiritual functions, both Church and State maintain a unique and cooperative relationship geared towards the common good. However, traditional boundaries governing political and religious agency have been crossed during Duterte’s presidency causing a conflict between leaders of government and the Catholic hierarchy. In the process, the conflict has resurfaced issues about the principle of Church-State separation. What accounts for the changing Church-State relations in the Philippines? How will this conflict affect State policy towards religion, religious freedom, and religious education? In the present study we discuss the present context of the Church-State separation principle in the Philippines. We argue that institutional relations between Church and State remain stable despite the Duterte-Catholic Church conflict. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
11 pages, 213 KiB  
Article
Is Gabola a Decolonial Church or Another Trajectory of Freedom of Religion in Post-Colonial South Africa? Rethinking Ethical Issues in Religious Praxis
by Bekithemba Dube
Religions 2019, 10(3), 167; https://doi.org/10.3390/rel10030167 - 7 Mar 2019
Cited by 3 | Viewed by 3829
Abstract
In this paper, I interrogated the Gabola church in terms of its origins, purpose and its distinctiveness as a postcolonial manifestation of freedom of religion in South Africa. I answered two questions, is Gabola church a representation of a decolonial church and could [...] Read more.
In this paper, I interrogated the Gabola church in terms of its origins, purpose and its distinctiveness as a postcolonial manifestation of freedom of religion in South Africa. I answered two questions, is Gabola church a representation of a decolonial church and could it be a manifestation of trajectories of the postcolonial ill-defined freedom of religion? In responding to these questions, I used decoloniality, a theory whose agenda among many others is geared to usher a future free from oppression, where all can participate in modernity and in postmodernity. Data was generated through participatory action research. The approach enabled us to unearth the theology of Gabola, philosophy and the gap they seek to fill in the religious space. Ten Gabola church members and five church members from a mainline Christian movement participated in this research. The findings indicated that Gabola church presents a new religious movement that is socially inclusive, that seeks to promote social justice and social transformation. On the other hand, the research revealed that the lack of a regulating body for religious movement is the reason for the rise of questionable movements such as Gabola, a serious threat in the praxis of the Christian faith. To this end, I concluded that while freedom of religion is a good idea in line with the decolonial move, there is a need for participative and collaborative regulation of religious movement to eliminate criminal elements that overshadowed the beauty of religion manifested through ‘unthinkable’ ethical irregularities. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
20 pages, 255 KiB  
Article
The “Abhorrent” Practice of Animal Sacrifice and Religious Discrimination in the Global South
by Danielle N. Boaz
Religions 2019, 10(3), 160; https://doi.org/10.3390/rel10030160 - 6 Mar 2019
Cited by 9 | Viewed by 10373
Abstract
In September 2018, the majority Buddhist government of Sri Lanka approved draft legislation banning animal sacrifice at Hindu Temples. The Cabinet referred to these sacrifices as a “primitive” practice that can cause physical and mental harm to society. Similarly, the Federal Supreme Court [...] Read more.
In September 2018, the majority Buddhist government of Sri Lanka approved draft legislation banning animal sacrifice at Hindu Temples. The Cabinet referred to these sacrifices as a “primitive” practice that can cause physical and mental harm to society. Similarly, the Federal Supreme Court of Brazil is presently evaluating the constitutionality of a proposed bill banning animal sacrifice in the state of Rio Grande do Sul. Proponents of this bill argue that animal rights supersede the religious freedom of the adherents of Afro-Brazilian faiths who perform these sacrifices. They further contend that the practice of animal sacrifice poses a threat to public health. Through the evaluation of these cases, this article will consider the relationship between animal sacrifice and religious freedom in the Global South. Using Brazil and Sri Lanka as examples, it will explore how laws and litigation protecting animal welfare can often be a guise for racial discrimination and religious intolerance. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
23 pages, 258 KiB  
Article
Religious Freedom and the Limits of Propagation: Conversion in the Constituent Assembly of India
by Sarah Claerhout and Jakob De Roover
Religions 2019, 10(3), 157; https://doi.org/10.3390/rel10030157 - 5 Mar 2019
Cited by 6 | Viewed by 14206
Abstract
In discussions about religious freedom in India, the country’s conflict regarding conversion plays a central role. The Constitution’s freedom of religion clause, Article 25, grants the right “freely to profess, practise and propagate religion,” but this has generated a dispute about the meaning [...] Read more.
In discussions about religious freedom in India, the country’s conflict regarding conversion plays a central role. The Constitution’s freedom of religion clause, Article 25, grants the right “freely to profess, practise and propagate religion,” but this has generated a dispute about the meaning of the right ‘to propagate’ and its relation to the freedom to convert. The recognition of this right is said to be the result of a key debate in the Constituent Assembly of India. To find out which ideas and arguments gave shape to this debate and the resulting religious freedom clause, we turn to the Assembly’s deliberations and come to a surprising conclusion: indeed, there was disagreement about conversion among the Assembly members, but this never took the form of a debate. Instead, there was a disconnect between the member’s concerns, objections, and comments concerning the draft article on the one hand, and the Assembly’s decision about the religious freedom clause on the other. If a key ‘debate’ took this form, what then could the ongoing dispute concerning conversion in India be about? We first examine some recent historiographical accounts of the Indian conflicts about conversion and proselytization. Then we develop a hypothesis that aims to make sense of this enduring conflict by identifying a blindness at its core: people reasoning against the background of Indian traditions see ‘propagation of religion’ as the human dissemination of tradition; this is incompatible with a religious conception where conversion and propagation of faith are seen in terms of God’s intervention. These two ways of seeing ‘propagation’ generate two conflicting experiences of the Indian dispute about religious freedom and conversion. Full article
(This article belongs to the Special Issue Religious Freedom in the Global South)
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