The Scope of Religious Freedom and its Limits under the FDRE Constitution: A Survey of Contemporary Problems and Challenges
No Thumbnail Available
Date
2009-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
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.
Description
Keywords
Religion, Secularism, Public Sphere, Pluralism, Tolerance, Religious expression, Extremism