South African Charter of Religious Rights and Freedoms
Encyclopedia
The South African Charter of Religious Rights and Freedoms(SACRRF) defines the freedoms, rights, responsibilities and relationship between the state of South Africa
and her citizens of religious belief. Chapter 2 of the Constitution of South Africa, the Bill of Rights
, recognises that everyone has the right to freedom of religion. Section 234 of the same constitution
makes allowance for charters of rights to be drawn up by civil organisations which may then be enacted by parliament. The SACRRF is the first such charter developed in South Africa
.
The Charter expresses what freedom of religion
means to those of religious belief
and religious organizations within a South African context and the daily rights, responsibilities and freedoms that are associated with this right. These include the right to gather to observe religious belief, freedom of expression regarding religion, the right of citizens to make choices according to their convictions, the right to change their faith, the right to be educated in their religion, the right to educate their children in accordance with their philosophical and religious convictions and the right to refuse to perform certain duties or assist in activities that violate their religious beliefs.
The SACRRF was drafted over a period of several years by a Continuation Committee of academics, religious scholars, religious leaders, government commissioners and international legal experts in consultation with all major religious, human rights
groups and media bodies in South Africa
. It was first signed at a public ceremony in Johannesburg
on the 21st of October 2010 and signatories continue to be added to the open document. Signatories include religious groups and organisations, human rights organisations, legal and academic entities and media bodies. It is signed by all major religions in South Africa and has, thus far, been translated into six of South Africa's official languages as well as one European
language.
After the public signing of the SACRRF, a Council for the Protection and Promotion of Religious Rights and Freedoms was established to oversee the process of the Charter being formally enacted into South African law. The passing of the SACRRF into law will mean that religious believers have legal impartiality and protection to practice all elements of religious belief under the constitution.
About =
The South African Charter of Religious Rights and Freedoms was the first public charter to be developed as made allowance for under section 234 of the Constitution of South Africa
. The constitution states that "In order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution." The SACRRF outlines what the legal and civil manifestations of the right to freedom and religion are for individuals, groups and official orgnaisations, within a South African context.
The right to freedom of religion is guaranteed in the South African Bill of Rights without qualification. The first instance is found in the affirmation of religious belief contained in the concluding words of the preamble to the constitution “May God protect our people. God bless South Africa”. Section 9, the equality clause, prohibits unfair discrimination on various grounds, including religion. Section 15 allows religious observances in state and state-aided institutions and also creates the possibility for the recognition of religious legal systems and marriages that are not inconsistent with the constitution. Section 31 protects the right of persons belonging to a religious community to practise their religion together with other members of that community and form voluntary religious associations.
Various other provisions of the constitution relate to religion and religious freedom. Sections 185 and 186 provide for a commission for the promotion and protection of the rights of cultural, religious and linguistic communities. In addition, human rights
such as the right to human dignity, the right to freedom of expression, and the right to freedom of association, relate indirectly to the protection of religious freedom.
Once passed into law, the charter will ensure that the rights of religious believers are clearly defined and protected under the law of South Africa
. The charter may be used as a legal instrument even as the current climate of understanding and tolerance between government and religion may alter.
The Charter was officially adopted at the Public Endorsement Ceremony in the Johannesburg Chamber, Constitution Hill, in the presence of the Honourable Mr Dikgang Moseneke (Deputy Chief Justice) and signatories. It has been made available in six of South Africa's official languages in order to make it more accessible to the people of South Africa. Further translation is currently in process to make it accessible in all eleven South African languages and several European languages. Thus far it is available as:
South African Languages
European Languages
The need to draft a charter that would make clear what the freedom of religion entails for the people of South Africa, by the people of South Africa, was established after conferences on the relationship between "Religion and State" and "Freedom of Religion" at the University of Stellenbosch. In 1990, Judge Albie Sachs had already proposed that "Ideally in South Africa, all religious organizations and persons concerned with the study of religion would get together and draft a charter of religious rights and responsibilities. …it would be up to the participants themselves to define what they consider to be their fundamental rights."
The first draft of the charter was officially unveiled at a gathering of religious groups on the 14th of February 2008. Amoungst those present were Christian denominations, African Independent churches, those of Jewish and Islamic religion, the SA Tamil Federation and representatives from academic institutions and statutory bodies. The Continuation Committee to complete the process of finalising the charter was also appointed at this gathering by those present. Amendments were made to the document by the commitee and it was developed through suggestions and input from the wide community of leaders and groups among which it was circulated until its time of adoption.
Additional consultants included:
. The legal recognition of the Charter will ensure the ongoing protection and impartiality to the human right of religious freedom in South Africa in a manner acceptable to religious believers of that country. Currently, the signatories on the Charter, represent in excess of a quarter of the total population of the country. The 2001 census revealed that 79.8% of South Africans profess to be followers of a form of Christianity, 16.5% professed to hold no religion or refused to specify religious belief and the remainder held to other religions. The recognition of the SACRFF under law will be significant for 83.5% of the population, a number far in excess of other groups seeking specific protections and freedoms as a constitutional right.
External links =
Constitution of South Africa
South African Institute for the Advanced Constitutional, Public, Human Rights and International Law
University of Stellenbosch: Theology
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
and her citizens of religious belief. Chapter 2 of the Constitution of South Africa, the Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
, recognises that everyone has the right to freedom of religion. Section 234 of the same constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
makes allowance for charters of rights to be drawn up by civil organisations which may then be enacted by parliament. The SACRRF is the first such charter developed in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
.
The Charter expresses what freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
means to those of religious belief
Religious belief
Religious belief is a strong belief in a supernatural power or powers that control human destiny. Such a state may relate to the existence, characteristics and worship of a deity or deities, divine intervention in the universe and human life, or values and practices centered on the teachings of a...
and religious organizations within a South African context and the daily rights, responsibilities and freedoms that are associated with this right. These include the right to gather to observe religious belief, freedom of expression regarding religion, the right of citizens to make choices according to their convictions, the right to change their faith, the right to be educated in their religion, the right to educate their children in accordance with their philosophical and religious convictions and the right to refuse to perform certain duties or assist in activities that violate their religious beliefs.
The SACRRF was drafted over a period of several years by a Continuation Committee of academics, religious scholars, religious leaders, government commissioners and international legal experts in consultation with all major religious, human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups and media bodies in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
. It was first signed at a public ceremony in Johannesburg
Johannesburg
Johannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa...
on the 21st of October 2010 and signatories continue to be added to the open document. Signatories include religious groups and organisations, human rights organisations, legal and academic entities and media bodies. It is signed by all major religions in South Africa and has, thus far, been translated into six of South Africa's official languages as well as one European
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
language.
After the public signing of the SACRRF, a Council for the Protection and Promotion of Religious Rights and Freedoms was established to oversee the process of the Charter being formally enacted into South African law. The passing of the SACRRF into law will mean that religious believers have legal impartiality and protection to practice all elements of religious belief under the constitution.
About =
The South African Charter of Religious Rights and Freedoms was the first public charter to be developed as made allowance for under section 234 of the Constitution of South Africa
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
. The constitution states that "In order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution." The SACRRF outlines what the legal and civil manifestations of the right to freedom and religion are for individuals, groups and official orgnaisations, within a South African context.
The right to freedom of religion is guaranteed in the South African Bill of Rights without qualification. The first instance is found in the affirmation of religious belief contained in the concluding words of the preamble to the constitution “May God protect our people. God bless South Africa”. Section 9, the equality clause, prohibits unfair discrimination on various grounds, including religion. Section 15 allows religious observances in state and state-aided institutions and also creates the possibility for the recognition of religious legal systems and marriages that are not inconsistent with the constitution. Section 31 protects the right of persons belonging to a religious community to practise their religion together with other members of that community and form voluntary religious associations.
Various other provisions of the constitution relate to religion and religious freedom. Sections 185 and 186 provide for a commission for the promotion and protection of the rights of cultural, religious and linguistic communities. In addition, human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
such as the right to human dignity, the right to freedom of expression, and the right to freedom of association, relate indirectly to the protection of religious freedom.
Once passed into law, the charter will ensure that the rights of religious believers are clearly defined and protected under the law of South Africa
Law of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, made of the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans...
. The charter may be used as a legal instrument even as the current climate of understanding and tolerance between government and religion may alter.
The Charter was officially adopted at the Public Endorsement Ceremony in the Johannesburg Chamber, Constitution Hill, in the presence of the Honourable Mr Dikgang Moseneke (Deputy Chief Justice) and signatories. It has been made available in six of South Africa's official languages in order to make it more accessible to the people of South Africa. Further translation is currently in process to make it accessible in all eleven South African languages and several European languages. Thus far it is available as:
South African Languages
- South African Charter of Religious Rights and Freedoms(EnglishEnglish languageEnglish is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
) - Suid-Afrikaanse Handves van Godsdiensregte en Vryhede(AfrikaansAfrikaansAfrikaans is a West Germanic language, spoken natively in South Africa and Namibia. It is a daughter language of Dutch, originating in its 17th century dialects, collectively referred to as Cape Dutch .Afrikaans is a daughter language of Dutch; see , , , , , .Afrikaans was historically called Cape...
) - IPHEPHA LASEMZANTSI AFRIKA LAMALUNGELO ENKOLELO NAWENKULULEKO(isiXhosa)
- UMTHETHO SISEKELO WASE NINGIZIMU AFRIKA WELUNGELO NGENKOLO KANYE NENKULULEKO(isiZulu)
- TšHATARA YA TOKOLOGO YA BODUMEDI AFRIKA BORWA(Sepedi)
- TUMALANO YA AFRIKA BORWA YA DITSHWANELO TSA BODUMEDI LE KGOLOLO(Tswana)
European Languages
- GRUNDSATZERKLÄRUNG ZUR RELIGIONSFREIHEIT IN SÜDAFRIKA(German)
Drafting the Charter
The Charter was drafted by a Continuation Committee drawn from academics, theologians, government commissioners and international legal experts. This was done in discussion and consultation with religious, human rights and media groups in South Africa .The need to draft a charter that would make clear what the freedom of religion entails for the people of South Africa, by the people of South Africa, was established after conferences on the relationship between "Religion and State" and "Freedom of Religion" at the University of Stellenbosch. In 1990, Judge Albie Sachs had already proposed that "Ideally in South Africa, all religious organizations and persons concerned with the study of religion would get together and draft a charter of religious rights and responsibilities. …it would be up to the participants themselves to define what they consider to be their fundamental rights."
The first draft of the charter was officially unveiled at a gathering of religious groups on the 14th of February 2008. Amoungst those present were Christian denominations, African Independent churches, those of Jewish and Islamic religion, the SA Tamil Federation and representatives from academic institutions and statutory bodies. The Continuation Committee to complete the process of finalising the charter was also appointed at this gathering by those present. Amendments were made to the document by the commitee and it was developed through suggestions and input from the wide community of leaders and groups among which it was circulated until its time of adoption.
Council for the Protection and Promotion of Religious Rights and Freedoms
Previously the Continuation Committee- Prof Pieter Coertzen (Dutch Reformed Church; University of Stellenbosch)
- Dr Nokuzola MnDende (African Traditional Religion)
- Shawn Boshoff (Church of Jesus Christ of the Latter Day Saints)
- Marius Oosthuizen (Rhema Ministries)
- Dr Mary-Anne Plaatjies van Huffel (Uniting Reformed Church of Southern Africa)
- F Matthew Esau (Anglican Church of Southern Africa)
- Moss Ntla (The Evangelical Alliance of Southern Africa)
- Reg Willis (Christian Lawyers Association )
- K Padayachy (SA Tamil Federation)
- Anton Knoetze (Commission for the Promotion and Protection of Cultural, Religious and Linguistic Communities)
Specialists Appointed to the Committee
- Prof. Iain BensonIain BensonIain Tyrrell Benson is a legal philosopher, writer, professor and practising legal consultant. The main focus of his work in relation to law and society has been to examine some of the various meanings that underlie terms of common but confused usage...
(Global Centre for PluralismGlobal Centre for PluralismThe Global Centre for Pluralism is an international centre for research, education and exchange about the values, practices and policies that underpin pluralist societies...
; University of the Free StateUniversity of the Free StateThe University of the Free State is situated in Bloemfontein, the capital of the Free State, South Africa. The university also has a satellite campus in Qwaqwa that was, until 2003, part of the University of the North.-Academic Divisions:...
; Miller Thomson LLP) - Victor Van Vuuren
- Prof. Erasmus Malherbe (University of JohannesburgUniversity of JohannesburgThe University of Johannesburg came into existence on 1 January 2005 as the result of a merger between the Technikon Witwatersrand and the Rand Afrikaans University . Prior to the merger, the Daveyton and Soweto campuses of the former Vista University had been incorporated into RAU...
(retired))
Endorsement of the Charter
The Charter has thus far been signed by ninety-one leaders representing religious, academic, legal, human rights and media organisations in South Africa and by two international advisers. The total of practicing religious believers represented by the signatories is estimated to be approximately 10.5 million, a quarter of the total South African population.Signatories
Signatories include such diverse groups as:- The Ishmaili Community
- The Human Rights Commission of South Africa
- The Roman Catholic ChurchRoman Catholic ChurchThe Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
- The Bahá’í Faith
- The Commission for Cultural, Religious and Language Rights
- The Islamic Judicial Council
- The Christian Lawyers’ Association
- The Church of Jesus Christ of the Latter Day Saints
- The Church of England in South AfricaChurch of England in South AfricaThe Church of England in South Africa was constituted in 1938 as a federation of churches. It is an Anglican church but it is not a member of the Anglican Communion. However, it relates closely to the Sydney Diocese of the Anglican Church of Australia, to which it is similar in that it sees itself...
- The Office of the Chief Rabbi (South African Jewish Community)
- The Arya Samay SA
- The Faculty of Theology of the Free State
- The Griekwa Independent Church
- Evangelical Lutheran Church in South Africa
- The Anglican Church of Southern Africa
- Charismatic Churches
- The HinduHinduHindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
Coordinating Council - The Icamagu Institute (Eastern Cape)
- The Coptic Orthodox Church
- Pentecostal Churches
- Reformed ChurchesReformed churchesThe Reformed churches are a group of Protestant denominations characterized by Calvinist doctrines. They are descended from the Swiss Reformation inaugurated by Huldrych Zwingli but developed more coherently by Martin Bucer, Heinrich Bullinger and especially John Calvin...
- The Open Doors Ministry
- The Baptist Union of Southern AfricaBaptist Union of Southern AfricaThe Baptist Union of Southern Africa is a union of Baptist churches from all South African ethnic and cultural groups.-History:Baptist families were among a group of some 4500 British emigrants that left England for South Africa in 1820. Upon their arrival in South Africa, William Miller was...
- The Christian Network
- The Elected School of the Amadlozi
- The Jesuit Institute South Africa
- The South African TamilTamil peopleTamil people , also called Tamils or Tamilians, are an ethnic group native to Tamil Nadu, India and the north-eastern region of Sri Lanka. Historic and post 15th century emigrant communities are also found across the world, notably Malaysia, Singapore, Mauritius, South Africa, Australia, Canada,...
Federation - Trans World Radio-SA
- Triple M Productions - Media Production House
- Interdenominational African Ministries Association
- The International Institute for Religious Freedom
- The Sri Sathya Sai Baba Council
- The Seventh Day Adventist Public Affairs and Religious Liberty Commission
Additional consultants included:
- The National House of Traditional Leaders
- The Jami'atul 'Ulamâ (Council of Muslim Theologians)
- The Executive of the National Religious Leaders Forum
- The South African Broadcasting CorporationSouth African Broadcasting CorporationThe South African Broadcasting Corporation is the state-owned broadcaster in South Africa and provides 18 radio stations as well as 3 television broadcasts to the general public.-Early years:Radio broadcasting began in South Africa in 1923...
Legal Recognition of the Charter
Current work is underway by the Council for the Protection and Promotion of Religious Rights and Freedoms to fulfill the steps required to have the SACRRF enacted into law by the parliament of South AfricaParliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
. The legal recognition of the Charter will ensure the ongoing protection and impartiality to the human right of religious freedom in South Africa in a manner acceptable to religious believers of that country. Currently, the signatories on the Charter, represent in excess of a quarter of the total population of the country. The 2001 census revealed that 79.8% of South Africans profess to be followers of a form of Christianity, 16.5% professed to hold no religion or refused to specify religious belief and the remainder held to other religions. The recognition of the SACRFF under law will be significant for 83.5% of the population, a number far in excess of other groups seeking specific protections and freedoms as a constitutional right.
External links =
Constitution of South Africa
South African Institute for the Advanced Constitutional, Public, Human Rights and International Law
University of Stellenbosch: Theology