Freedom of religion: Is the push for restriction justified?

Introduction

Our 1992 Constitution guarantees freedom of religion. Article 21(1)(c) of the
Constitution states that "All persons shall have the right to freedom to practice any religion and to manifest such practice". In terms of written law and practice, Ghana and most other democratic states respect this right. In fact, the right of the citizens to worship is among the top class of rights which is most respected.

Interestingly, a lot of abuses are being perpetrated against innocent citizens in the name of religion. Lives have been lost with many losing their properties of great value.

In Ghana and other parts of the world, the exercise of freedom of religion has been flouted with human rights abuses across the various religious groupings. A lot of abuses have been perpetrated against innocent people across the globe. For this reason, text writers, religious leaders and governments have called for the imposition of restrictions on freedom of religion. It is interesting to note that countries like the USA, Canada, South Africa and Uganda have taken the lead to restrict the exercise of this right.

In this article, we shall discuss some of the notable abuses as well as recent attempts to restrict religious freedom.

Freedom of Religion

Freedom of religion is the right of a person to choose the religion he or she wishes to follow and to worship without undue interference. This right includes the freedom to change one's religion or the freedom not to practise any religion.

In Ghana, this right is entrenched in Article 21(1)(c) of the 1992 Constitution. This provision states that "All persons shall have … freedom to practise any religion and to manifest such practice".

Ghana follows the international course on freedom of religion. Article 18 of the Universal Declaration of Human Rights, Article 18 of the International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance and Discrimination based on Religion or Belief recognise this right. Article 18 of the Universal Declaration of Human Rights (UDHR) says we all have the right to our own beliefs, to have a religion, to have no religion, or to change it.

"Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance".

Notable abuses under the cloak of religion

Religion is an important aspect of life in Ghana and Africa, where the majority of the population is religious. However, there have been instances where religion has been misused or manipulated for negative purposes. Here are some notable abuses of religion in Ghana and Africa:

Witchcraft accusations

In many parts of Africa, traditional beliefs about witchcraft remain deeply ingrained. In recent years, there have been numerous reports of people, mostly women and children, being accused of being witches and subjected to violence and abuse, including banishment from communities. These accusations are often made by charismatic Christian pastors who claim to be able to detect witches and conduct exorcisms. Such accusations violate human rights and are based on superstition rather than evidence.

Child sacrifice

There have been instances of child sacrifice in Ghana and Africa, often linked to belief in ritualistic practices to gain power or wealth. Some traditional religious practices, as well as some newer religious movements, have been accused of promoting or practicing child sacrifice. This practice is a gross violation of human rights and is condemned by all religions.

Religious intolerance

Across Africa and Ghana, there have been instances of religious intolerance and
discrimination, often driven by sectarian, ethnic, or political divides. This can result in violence or other forms of discrimination against members of religious minority groups.

Human rights abuses by religious bodies

Religious institutions are not immune from human rights abuses, and there have been instances where they have been responsible for human rights violations. For example, there have been reports of sexual abuse of minors by clergy in Ghana and Africa. There have also been cases of religious institutions discriminating against women, persons with disabilities, and others.

Forced conversions

In some cases, individuals or groups have been forced to convert to a different religion against their will. This has occurred in many parts of the world, including in colonial Latin America and during the Crusades. Today, forced conversions still occur in some countries, particularly in areas where there is a conflict between different religious groups.

Sexual abuse

In some cases, religious leaders or institutions have been involved in sexual abuse scandals. This has occurred in various religious traditions, including the Catholic Church, where there have been numerous reports of sexual abuse by priests.

Cults and sects

Some religious groups have been accused of using manipulative tactics to control their members, leading to psychological and emotional harm. This has been seen in various cults and sects throughout history, including the Jonestown massacre in Guyana in 1978. On 24 April 2023, it was reported by NDTV that Kenya Police exhumed 47 bodies who they believed to be members of a Christian cult who were starving themselves to death so that they go to heaven to meet Jesus.

Attempts to restrict religious freedom

The right to worship is a fundamental human right that is enshrined in various
international human rights instruments. This right allows individuals to freely profess and practice their religion and beliefs. However, the question of whether or not this right should be regulated has been a contentious issue.

On one hand, some argue that the right to worship should be regulated to ensure public safety and prevent harm to individuals. For example, during the COVID-19 pandemic, many governments limited the size of religious gatherings or suspended them altogether to prevent the spread of the virus. Others argue that there should be limits on certain religious practices that may be harmful or discriminatory.

Proposals on religious freedom to the Constitutional Review Commission among the submissions the Constitutional Review Commission (CRC) received, some suggested and we quote from the report that "Article 21(c) on the freedom to practise any religion and to manifest any religion should be reviewed. Religion has been used as a tool to destroy a nation; not all religions should be allowed to exist because some religions are not religions at all".

Is the push for restriction justified?

Religion is freely practised in Ghana. This is good news for the country's democratic health because religious freedom serves as a key barometer of how well a society generally tolerates opposing viewpoints. Unquestionably, a democratic society must include tolerance. On the other hand, many argue that regulating the right to worship is a violation of religious freedom. They argue that governments should not interfere in religious practices unless there is a compelling public interest at stake.

They also argue that regulations should be crafted in a way that is not discriminatory against any particular religion or group. A key issue in this debate is finding the right balance between the protection of individual liberties and the promotion of the common good.

While the right to worship is an essential aspect of religious freedom, it is not an absolute right and should be balanced with other competing interests such as public safety, societal harmony, and non-discrimination. Ultimately, the approach taken to regulating the right to worship will depend on the particular circumstances of each case, and governments must carefully consider the impact of their decisions on the right to worship as well as other fundamental rights and freedoms.

In cases where the regulation of worship is necessary, it should be done in a way that is reasonable, nondiscriminatory, and transparent. It is essential to balance the right to worship with other competing interests, such as public health and safety concerns. It is important to note that the regulation of worship should not be used as a means to discriminate against certain religious groups or to suppress religious freedom.

The right to worship should be respected by all individuals and communities, regardless of their beliefs. As we mentioned earlier, while the right to worship is a fundamental human right, it is not an absolute right and can be subject to reasonable restrictions.

This means that while individuals and communities have the right to practice their religion, the government may place some limitations on this right if it is necessary to protect public health, safety, or the rights of others. For example, during the COVID-19 pandemic, many countries placed restrictions on religious gatherings to prevent the spread of the virus. These restrictions limit the number of people who can gather, require masks or social distancing, or even prohibit certain types of religious practices that could pose a risk to public health.

However, it is important to ensure that any regulations placed on the right to worship are reasonable, nondiscriminatory, and transparent. This means that regulations should be based on scientific evidence and not discriminate against any particular religious group or practice. Additionally, the regulation of worship should not be used as a means to suppress religious freedom or discriminate against certain religious groups.

Governments should strive to balance the right to worship with other competing
interests, such as public health and safety concerns while respecting the diversity of religious practices and beliefs.

Recommendation

Based on the above, the writers take the considered view that the calls for the
imposition of restrictions on freedom of religion are justified. We believe the restrictions can be achieved through the enactment of creative legislation under Article 21(4)(e) of the 1992 Constitution.

The proposed Act should factor the following; Compulsory registration of faith leaders, places of worship, setting up a religious council to check unethical conduct of faith leaders, and religious bodies. Alternatively, the writers
propose the amendment of Article 21(1)(b) and (c) to introduce the necessary
qualifications to form the basis for the regulation of freedom of religion. The restriction is expected to cover the registration of religious leaders, the code of ethics for religious leaders and other related matters.

The restriction should not extend to limiting the number of religions or faith groups that may be followed by people in Ghana as such a preposition would violate the form of religion in Ghana as cautioned by Professor Date-
Bah in one of his seminal articles titled "Religion, Human Rights and Democracy in the Ghanaian Context".

Conclusion

In conclusion, religion can be a source of comfort and strength for individuals and communities. However, it is important to recognize that religion, like any other aspect of human life, can also be manipulated or misused for negative purposes, resulting in human rights abuses. It is therefore essential that all religions and religious institutions promote human rights and respect the dignity of all individuals.

It is important to note that while there have been many notable abuses of religion throughout history, it is often the case that these abuses are carried out by a small minority of extremists, and do not reflect the views or actions of the majority of believers. The right to worship is a fundamental human right, and as such, it should be protected and respected.

However, like all rights, it is not an absolute right and can be subject to reasonable restrictions. The regulation of worship should be approached with sensitivity and respect for the diversity of religious practices and beliefs. It is possible to regulate worship in a way that upholds public safety and the right to worship simultaneously.