Hackett, “Regulating Religious Freedom in Africa”

Hackett, Rosalind (2011) “Regulating Religious Freedom in Africa” Emory International Law Journal 25(2):853-879

Excerpt: “In this Essay, using a wide-ranging set of examples, I wish to provide some background on the emergent discussion on limitations on religious freedom in Africa, especially how these relate to the current debates on family law that are the subject of this Symposium. My general objectives are (1) to consider the legitimate and illegitimate ways in which African state and non-state actors seek to regulate religious practice; (2) to examine how particular religious groups may be disproportionately affected by these measures; (3) to demonstrate how interference with manifestations of religion often leads to abuses of related rights and freedoms (e.g. women’s and ethnic minorities’ rights, and rights of political participation, expression, and association); (4) to broaden and update the concept of religious practice; and (5) to consider how the African examples of restrictions on and regulation of religious practice challenge Western assumptions about the nature of religion as an essentially private and internal affair. Using two East African examples, I then provide more specific discussion of how attempts to introduce domestic relations bills and Sharia law reflect these changing entanglements of religion and state in neoliberal Africa. Part I provides some background on pertinent religious and legal developments in Africa. Part II examines the dialectics of regulation and recognition of religious freedom in select contexts. Part III discusses other types of restriction, such as land ownership, harassment, granting permits, and media use and access. Part IV focuses on the plight of traditional or indigenous African religions in relation to religious freedom. Part V links the manipulation of religious freedom issues to public and policy debates regarding customary law in Uganda and Kenya.”

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