ADDIS ABABA UNIVERSITY SCHOOL OF GRADUATE STUDIESSTUDIESSTUDIES FACULTY OF LAW Title: The Scope of Religious Freedom and its Limits under the FDRE Constitution: A Survey of Contemporary Problems and Challenges By: Berhane Zikarge Advisor: Dr. Assefa Fiseha (Associate Professor) A Thesis Submitted to School of Graduate Studies, Faculty of Law, A.A University, in Partial Fulfillment of the Requirements for the Award of Master of Laws (Degree LL.M) January 2009 www.chilot.me DECLARATION I, the undersigned, declare that this thesis is my original work, and has not been presented for a degree in any other University, and that all source of materials used for the thesis have been fully acknowledged. Declared By: Name: Berhane Zikarge Signature: Date: Confirmed By Advisor: Name: Dr. Assefa Fiseha (Associate Professor) Signature: Date: Place and Date of Submission: Addis Ababa University, Faculty of Law, January 15, 2010. www.chilot.me APPROVAL SHEET SIGNED BY THE BOARD OF EXAMINERS Title: The Scope of Religious Freedom and its Limits under the FDRE Constitution: A Survey of Contemporary Problems and Challenges By: Berhane Zikarge Approved By Board of Examiners: Signature 1. Dr. Assefa Fiseha (Associate Professor) Advisor 2. Dr. Girmachew Alemu Internal Examiner 3. Ato Yared Legesse External Examiner 2010 www.chilot.me PREFACE In recent years legal scholars of this country have ventured into the daunting task of undertaking a scholarly research surrounding the issues of the Ethiopian constitutional system in general, and the federal scheme in particular. To their credit they have produced a number of research works in various areas of interest. These contemporary academics have paid much attention to both the theoretical literature and the empirical track record of Ethiopia’s federalism; examining the constitutional form and practice, the strength and downsides of the federal matrix, the ambivalence of ethnic federalism, the hope and breakthrough towards multicultural federalism, the need for accommodation of diversity, managing ethnic conflict, protection of minority rights, application of fiscal decentralization, jurisprudence of constitutional interpretation and some human rights issues in general. Unfortunately, however, there is a conspicuous absence of scholarly research, and no considerable scholarship has developed yet in the areas of freedom of religion and its concomitant concept-secularism. It has been a neglected area of research at least in terms of a focused legal and empirical assessment. Thus, the purpose of this study is to begin a discussion about the emerging legal and practical challenges surrounding the issues of religious freedom vis `a vis secularism and to examine some problems that ensue in recent years. The research was undertaken over a period of four months. Therefore, due to time and resource constraint, and the broader nature of the topic, I don’t pretend to say every aspect of it is thoroughly examined and fleshed out to its minutest detail. However, I believe a significant contribution has been made by providing important illustrative indications of the legal and practical complexities involved in the topic under consideration; and it helps to articulate the pressing issues that may require in-depth analysis in the time to come. In the course of my research, I encountered some expected and unexpected challenges. The nation wide problem of power break and its intermittent shift in the summer, the reluctance of some people to talk about religion-related issues, the lack of well documented court cases, and the lack of standard literature in the topic, were some of the frustrating experiences I have undergone through. www.chilot.me When I turn to the opportunities that made this research possible; first and foremost, I would like to express my deepest gratitude to Associate Professor, (Dr.) Assefa Fiseha for helping me to define, and shape my topic, research plan and proposal. I do appreciate his kindness for shouldering the added burden of going through all my manuscripts on top of his research, administrative, and teaching responsibilities. I would like to thank Ato Tizazu Desalegne, advisor of Religion and Faith Affairs Directorate (Ministry of Federal Affairs), for all his assistance in providing me significant information and for the many discussions we have made over the current trends pertaining to religion related issues and ensuing challenges. Many more people have assisted me during the research, and I am in earnest when I say thank you to all of them. Finally, I would like to remind my readers that, the shortcomings of this paper are my responsibility alone. www.chilot.me Abstract This paper strives to look into the contemporary legal and practical challenges that basically arise from the interaction between the freedom of religion and the principle of secularism under the Ethiopian constitutional system. In so doing, of course, the Ethiopian legal system is examined in light of the international human rights instruments and standards. Moreover, it examines a myriad of competing interests in order to understand the depth of the challenges they posed. Furthermore, the paper attempts to identify a number of factors and emerging trends that contribute to the religion related tensions and conflicts that ensue in recent years. The paper argues that constitutionally speaking the strict model of secularism is a viable option for Ethiopia given its religious diversity and the normative value of pluralism. Moreover, it argues in favor of the need for specific legislative frame work that offers a clear guidance by defining the precise contours of the scope and limits of the right as well as the implicit and explicit consequences of secularism. It further argues that, the inherent tension between our secular State and freedom of religious expression is natural; however, this relationship gives rise to a patchwork of competing interests that are in several occasions incommensurable or rationally incompatible, thus, it is high time to formulate a specific guideline that serves as a road map for those who are supposed to assume the responsibility of enforcement and those who seek to enjoy their legitimate religious rights. We are not under illusion, however, that all the difficult issues of religious expression and secularism will be resolved through legal mechanisms per se. Thus, other means are also worth considering; though, we can’t postulate a fully mature one here, some extra legal solutions are provided in the recommendatory section. Nonetheless, both the legislative frame work and its reinforcing consensus guideline will offer a legal safe harbour for every one. Keywords: Religion, Secularism, Public Sphere, Pluralism, Tolerance, Religious expression, Extremism www.chilot.me Table of Contents Title Pages Preface ...................................................................................................................................I Abstract ..................................................................................................................................III Table of Contents ..................................................................................................................IV Acronyms ..............................................................................................................................VII Chapter One ........................................................................................................................1 1.1 Background ..................................................................................................................1 1.2 Statement of the Problem and Research Questions .....................................................11 1.3 Objectives of the Study ................................................................................................12 1.4 Significance of the Study .............................................................................................13 1.5 Scope of the Study ........................................................................................................13 1.6 Methodology ................................................................................................................14 1.7 Limitations ...................................................................................................................15 1.8 Chapter Overview .........................................................................................................15 Chapter Two .........................................................................................................................16 History and Concept .............................................................................................................16 2.1 Historical Overview of Freedom of Religion .................................................................16 2.2 Separation of Religion and State .....................................................................................21 2.2.1 Ancient ......................................................................................................................21 2.2.2 Medieval ...................................................................................................................24 2.2.3 Modern ......................................................................................................................25 2.3 The Concept of Secularism .............................................................................................27