The American Society Since the Four Freedoms Edited by: Nkparom C. Ejituwu Foluke M. Ogunleye Diri I. Teilanyo Edward O. Erhagbe American Studies Association of Nigeria (ASAN) Published by: American Studies Association of Nigeria (ASAN) In association with Mindex Publishing Co. Ltd. Copyright © 2005 American Studies Association of Nigeria. All rights reserved. No part of this Publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means; electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Publishers. ISBN 978-8035-78-7 Printed by: MINDEX PRESS, Benin City. Tel: 08023453848, 08037404398 ii Section C: Freedom of Worship 73 Chapter 6: Religious Liberty in America: The Journey so Far, Its Dividends and Moral Lessons for Religiously Pluralistic Nigerian Society J.K. Aynntayo............................................ 74 Chapter 7: Freedom Of Worship: A Comparative Study of the U.S. and Nigeria Emmanuel O. Ojo and P.F. Adcbayo......................... 90 Chapter 8: Religion and Politics: A Comparative Analysis of American and Nigerian Orientations Ebenezer Ejalonibu Lawal................................. 104 Chapter 9: Freedom of Worship G. U. Ntamu ........................................... 123 Section D: Freedom from Want and Fear ................ 131 Chapter 10: The Quest by the United States to Free Mankind from Want: A Focus on Their Food Aid Policy since 1954 Christian Chukwuma Opata............................... 132 Chapter 11: Freedom from Want in the American Society: A Historical Perspective Bayo Lawal............................................. 143 Chapter 12: A Sleepless Giant: Paradoxical Consequences of USA Pursuit of Policy of Freedom from Fear through Interventionism in World Politics since World War II Edward O. Erhagbe...................................... iii 163 Chapter 7 Freedom of Worship: A Comparative Study of the United States and Nigeria Emmanuel O. Ojo and P.F. Adebayo Introduction The United States, like Nigeria, is a deeply divided and heterogeneous society, artificially created through the succeeding waves of immigration, from different sources and in different circumstances. This ethnic, racial and religious diversity has been a significant factor in a history of tension, violence and repression. The Constitution of the United States of America, including its first ten amendments (the "Bill of Rights") however, sets up a variety of guarantees which are considered necessary to support a liberal and democratic society. One of the clauses in American constitution that guarantees freedom of worship states thus: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the government for a redress of grievances. Likewise in Nigeria, there are a number of constitutional provisions to safeguard the freedom of worship. But despite these constitutional provisions in both the U.S. and Nigeria, the snag is that they are not self-enforcing and protection of freedom of worship in particular has not always been extended throughout the society. And that is the thrust of this paper. The paper is organized into a number of sections. With the above introductory remark the second part dwells on conceptualization of freedom of worship to avoid any 90 misunderstanding. This is done without being necessarily definitional, being that the concept falls into the category of words that Gallie calls "essentially contested concepts."1 The third part traces the struggle for the freedom in the U.S., bringing out the reason why the right is better entrenched in American society than Nigeria and equally alluding to conflict in Nigeria, showing the wide gap between Nigerian and American society in terms of temperament and pluralism. The paper however infers that the hallmark of a democratic system is the strict observance of the right of man to worship in his own way without any imposition or infringement. We now proceed to the conceptualization of the key term. Conceptual Framework As rightly observed by Chafe, "the primary requirement for debating anything is to understand first and foremost the actual thing being talked about."2 Though the concept is quite well known, widely used, and to a large extent, self-explanatory, it may nevertheless be useful to provide the working definition of this principal concept in order to minimize the possibility of misunderstanding. The reason for this is that concepts may have both cultural and ideological conceptualizations and similarly in view of the fact that like power, justice, peace and equality, human rights and its elements fall into the category of concepts that Gallie calls "essentially contested concepts."3 Weldon4 also subscribes to it, saying that such concepts necessarily generate unsolvable debates about their meaning and application because as Richard Little point out, they "contain ideological elements which renders empirical evidence irrelevant as a means of resolving the dispute".5 Even an apparently concrete concept like the state virtually defies any precise, generally accepted definition because of its essentially contested nature too.'' It is in view of the foregoing that Taiwo postulates that a precise definition of human rights - freedom of worship inclusive - may prove a Herculean or highly elusive task despite the repeated claim and assertions made for their existence as 91 part of man's inalienable right, from creation.7 Therefore, it may be helpful if we start by defining the term 'right' or 'freedom' as it is legally understood. Justice Oputa alluded to this definitional problem when he noted that "if therefore we attempt to probe human rights in the political and legal culture of Nigeria without a clear idea of rights, in particular, we shall not be right about Human Rights."8 Taken in an abstract sense, "right" means justice, ethical correctness, or consonance with the rule of law or the principles of morals. Meanwhile, it is no longer possible for us, as it has been until recently for legalists and institutionally oriented political scientists to conceive of human rights as little more than the documentary results of enlightened legal processes.9 Human Rights generally is an ambiguous and nebulous concept rendering little room for a definitional consensus. The reason is that while the western industrial system tend to define it in terms of political and civil liberties, third world nations seem to focus on the basic needs of food and shelter as a prerequisite for human dignity and eventually civil rights.10 Whenever the Anglo-Saxon and Judeo-Christian civilization adhered to the centrality of individual rights as opposed to group rights. The Islamic world, however, tends to regard individuals as subordinate parts of the state or community." While polyarchical systems place emphasis on political freedom, socialist systems choose to accentuate social and economic equality.12 Thus, defining the concept of human rights in the narrow terms of civil liberties would not be acceptable to societies striving for social equality or the satisfaction of basic needs. By the same token, any definition of human rights devoid of concern with political freedom will not be viewed as legitimate in the context of industrial western societies.13 To extend the definition of human rights further would not serve us any useful purpose. We now rum to the conceptualization of freedom of worship which is our major pre-occupation. In the extant literature on Human Rights, freedom of worship means the liberty to worship in one's own way and one's own God or deity without any hindrance. In a free society with strict observance of human rights, religion is absolutely a personal 92 affair. One may choose to worship or not. The State is supposed to be an umpire and seen to be secular in all ramifications. The Nigerian government's attitude to religion can be gleaned from her constitution. A section states that "a government of the federation or of a State shall not adopt any religion as state religion."" Likewise, the U.S. is religiously a plural State. For instance, according to a recent data there are between 3 to 4 million Moslems in the U.S. and an estimated 1,100 plus mosques in the U.S. too with at least one in every state. Eighty percent are believed to have been founded within the last 12 years.15 Furthermore, for Stuart Gorin,16 in an in-depth allusion to American system, in any criminal case where bail is denied, defendants incarcerated prior to and during a trial are still afforded their basic human rights and are treated accordingly. Safeguard of human rights most especially freedom of worship do equally extend even, to prisoners who are not supposed to be served foods that are not permissible under their faith and at times, the presiding judge may order the Prison authorities to allow inmates perform their religious rites. It is not surprising that at the point of death, those found guilty of capital offence most especially in Nigeria are asked to pray to God in whatever mode that is in line with their faith.17 Moreover, a prisoner can not be served with food that negates the tenet of his faith too. It is this extent that the freedom of worship covers. In contrast, it is important to recall that the former Soviet Union, which was formed in 1922 and dissolved suddenly in 1991, was the first state to eradicate belief in God from the minds of its people.18 Vladimir Lenin, the first head of the Soviet Union, was a disciple of Karl Marx, who portrayed Christianity as a tool of oppression. Karl Marx called religion "the opium of the people", and Lenin later declared: "any religious idea, any idea of any 'god' at all ... is the most inexpressible foulness".19 When the Russian Orthodox Patriarch Tikhon died in 1925, the church was not permitted to elect another patriarch. The attack on religion that followed resulted in most church buildings being either destroyed 93 or converted to secular uses. Priests were condemned to slave-labor camps, where many perished. "Under the rule of Joseph Stalin in the late 1920s and 30s", explains the Encyclopaedia Britannica, "the church suffered a bloody persecution that claimed thousands of victims. By 1939 only three or four orthodox bishops and 100 churches could officially function."20 What a perfect example of an abuse and outright denial of freedom of worship. We now move to the evolution of the right in the U.S. Whereas, in a polity that observes freedom of worship, the religious, agnostics and atheists should be able to enjoy peaceful co-existence. Freedom of Worship in the U.S. The attitude of the framers of the U.S. constitution towards religion was shaped by a variety of factors as recalled by Spalding in an insightful work on the U.S.21 Many early colonialists had come fleeing religious persecution, and they brought that intolerance with them. This can be seen clearly in the trials, punishment and executions of Quakers in Massachusetts Bay Colony in the 17th Century.22 The punishments for being a Quaker (even before any laws respecting Quaker had been passed) were harsh and often brutal, including fines, imprisonment, beatings and mutilation. Later laws were passed mandating banishment or execution. As with other sects in other times and places, they seemed not to have been deterred, but rather were drawn to face these sentences. According to Spalding, these persecutions come out of a heritage of established and intolerant churches common in Europe at the time. One of the legacies of Europe was the confluence of religious conviction and intolerance, which led to the brutal wars of Europe and the persecutions of the New World. However, it was becoming clear that such intolerance could not be sustained. The first point at which "human rights" touch international law as an example, was in 1955, when mutual guarantees of religious liberties were written into treaty, and they became common as the only realistic alternative a continuing spiral of religious, civil and international wars.23 With that historical overview, freedom of worship came to stay in America. However, it need be emphasized that there is a 94 wide gap between the issue of free exercise of freedom of worship, which is less problematic than that of establishment. A few instances will suffice to buttress this point. At a point in time, among other religious sects that came into conflict with the court over free exercise were the Jehovah's witnesses, who were blessed with "religious zeal and astonishing powers of annoyance".24 Their persistent and irritating proselytizing brought several cases to the court, where their rights were originally upheld on the basis of speech and press protections. Canrwell vs. Connecticut25 made the free exercise clause applicable to the states, and argued that there was no clear and present danger to justify suppression of annoying religious views. The issue that arose most often concerned whether members of religious sects required licenses in order to solicit contributions or pass out literature. In Cantwell, the law in question gave a public official the right to decide whether the solicitation was for a religious cause. However, this protection of religious practice was not consistently upheld. In a decision reached two weeks after Cantwell, the court upheld the expulsion of two Jehovah's Witnesses children from school when they refused to salute the flag, saying that it was in violation of their religion to worship it as a graven image. The court found it reasonable for the school board to require the flag salute to promote patriotism and national unity. More significant than the majority decision, however, was the dissent, where justice Stone, criticized "legislative efforts to secure conformity of belief and opinion by a compulsory affirmation of the desired belief".26 This decision was popular for patriotic reasons, but was clearly flawed, since it fundamentally controlled belief, rather than conduct. Refusal to salute a flag because of one's religion is in no way comparable to practicing polygamy. It was soon overturned in West Virginia State Board of Education vs. Barneffe in 1943. Barneffe also involved Jehovah's Witnesses and a compulsory flag salute, though it was compounded with criminal prosecution of the parents if the child failed to attend school. Here 95 the decision read very differently. Justice Jackson Jackson freedoms of speech, press, assembly and worship could only be restricted to prevent grave and immediate dangers, which clearly did not exist here. If there is any fixed star in our constitutional constellation, i I is that no official, high or petty, can prescribe what should bt1 orthodox in politics, nationalism, religion, or other matters of opinion or force citizen to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.27 In a more recent instance, the Jehovah's Witnesses had to go to court to enforce their freedom of worship in the U.S. The source of the latest conflict was a village ordinance, "Regulating Uninvited Peddling and Solicitation Upon Private Property" which required anyone wishing to engage in door-to-door activity to obtain a permit at no lost, from the Mayor in a small community located near the Ohio River, which separates Ohio from West Virginia. This small community of fewer than 300 inhabitants suddenly became a center of controversy in 1999 when the authorities there tried to obligate Jehovah's Witnesses, among others, to obtain a permit before visiting the homes of the local people with their Bible-based message. Jehovah's Witnesses viewed this ordinance as an infringement of freedom of speech, free exercise of religion and freedom of press. Therefore, they brought a lawsuit in the federal court after the village refused to modify their enforcement of this ordinance. Eventually, the opinion of the Supreme Court stated "for over 50 years, the court has invalidated restrictions on door-to-door canvassing and pamphleteering. It is more than historical accident that most of these cases involved First Amendment Challenges brought by Jehovah's Witnesses, because door-to-door canvassing is mandated by their religion. As we noted in Murdock vs. Pennsylvania... (1943) the Jehovah's Witnesses claim to follow the example of Paul, teaching "publicly, and from house to house" (Acts 20:20). They take literally the mandate of scriptures, "Go ye into all the world and preach the gospel to every creature" (Mark 16:15). In doing so they believe that they are obeying a commandment of God 96 ..." The opinion went on to state that the ordinance is offensive -not only to the values protected by the First Amendment, which states that congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"28 but to the very notion of a free society.29 For space constraints, we can not go on citing several other instances of the gap between constitutional provisions and actual practices. But the fact has been established as earlier mentioned that constitutional provisions are never selfenforcing anywhere. We now proceed with the Nigerian situation. Freedom of Worship in Nigeria It needs be emphasized that the reality of the Nigerian state is however contrary to what the constitution stipulates. There have been occasions when the country was at the verge of collapse owing to the government's apparent leaning and bias towards a particular religion.30 Whereas, the legal interpretation of secularity presumes freedom of worship including the State acting as a mere umpire rather than an active actor.31 This is destabilizing in a deeply plural and divided society like Nigeria with about 400 ethnic groups and nationalities subscribing to a multiplicity of religious faiths in a secular context, no doubt, Nigeria is indeed a complex country par excellence.32 For instance, Nigeria is not only divided along ethnic lines but also religious ones, which are cross-cutting and interlocking. The Yoruba alone are said to have over 300 divinities, each with its own coterie of devotees, in addition to the denominational compartments of Islam and Christianity.33 As if to worsen the bastardization of the constitutional provision of freedom of worship in the country, Zamfara State holds the (un)enviable position among the Northern states of elevating the Sharia - Islamic legal order - to the status of the English common law that has formed the bedrock of Nigerian judicature. The state took this step on 27th October, 1999.34 In March 2000, the wave of Sharia spread to Kaduna state. This sparked off an orgy of violence unprecedented in the history of the state. It was so bad that the senseless destruction of lives and properties would not ordinarily abate 97 despite a till-further-notice restriction was placed on Kaduna metropolis. At the end of the day, well over 200 lives and properties worth about one billion naira had been destroyed.35 Meanwhile, the state of freedom of worship can best be encapsulated with the U.S. Department of State human rights reports in Nigeria. The reported noted that about half the population is Muslim, about 40 percent Christian, and about 10 percent practice traditional indigenous religion or no religion. Religious tensions between Muslims and Christians and between Sunni and the small number of Shi'ite Muslims occasionally erupted into violence. Both the federal government and state government continued to discourage and criticize public proselytizing of minority beliefs in areas of Muslim or Christian majorities, in the belief that it stimulates religious tensions, although they do not outlaw it. Although distribution of religious publications remained generally unrestricted, there is a lightly enforced ban on published religious advertisements. There were only minor restrictions on religions, television and radio programming. Most religious programs appeared to be broadcast without controls. In predominantly Muslim communities, local governments commonly used zoning regulations to stop or slow the creation of non-Muslims, usually Christian churches. Typically, a small section of a city was designated for non-Muslim to build their places of worship. In several cases, citizens in these enclaves reported that they were discriminated against by not receiving police protection or waste removal service. Missionaries reported that law enforcement officials harassed them when they proselytised outside of their designated zones. On December 18, 1999 Muslim youths attacked and looted 14 Christian churches in Ilorin, Kwara State. At least two more churches were looted on December 19, seriously injuring a clergyman. The Government's response was limited to pleas for calm and understanding, and there was no attempt to prosecute the perpetrators. Muslim Brotherhood leader Ibrahim El-Zakzaky was released by General Abubakar in January. The Federal Government continued to settle property claims by El-Zaksaky for compensation 98 for his home and mosque, which were razed by law enforcement officers two years ago. In May 1999, the predominantly Shi'a Muslim Brotherhood published a list of 96 of its followers who still were in prison or awaiting trial on charges that vary from preaching to worshipping. They we held and without being charged with, or convicted of, unlawful assembly.36 Concluding Remarks This paper has attempted a comparative study of both the United States and Nigeria vis-a-vis the observance of one of the inalienable rights of man - freedom of worship. Our finding is that the U.S. runs a better system in terms of the safeguard of freedom of worship. But one needs to add quickly that this right was never achieved on a platter of gold but rather through a legal and historical battle over the years. Till date, the U.S. still remains a model of a secular state. Though we have noted a number of struggles by religious sects and the state for the protection of their freedom of worship most especially the non-compromising Jehovah's Witnesses. Americans still run a better system. On the other hand, Nigeria though equally plural and heterogeneous like America still has a long way to go as regards observance of freedom of worship. Because of the pretext to the contrary by the political elite Nigeria is known to be susceptible to religious conflict at the slightest provocation. The primary reason for this, as noted earlier, is not unconnected with the state's biased role as a media for between and among religious organization. This is not unconnected with the fact that Nigerians of all strata of the society are deeply religious, making it difficult for the state to grow beyond mundane things. Conclusively, this paper is of the view that Nigeria has a lot to learn from the American system. This is not necessarily in terms of institutional frameworks for the protection of human rights but rather a tolerant disposition towards people of other religious faiths and sects. In essence, the Nigerian State needs to embark on profound re-orientation of the citizenry towards religion.37 99 Notes and References 1. See, W.B. Gallie, "Essentially Contested Concepts", in Max Black (ed), The Importance of Language, New Jersey, Prentice Hall, 1962, pp. 121146. 2. K.S. Chafe, "The Problematic of African Democracy: Experience from the Political Transition in Nigeria", African Zamani, (Special Issue on Historical Heritage and Democratization in Africa), New Series, No. 2, July 1994, p.131. 3. W.B. Gallie, op. cit. 4. T.O. Weldon, The. Vocabulary of Politics, Harmondsworth: Penguin, 1953. 5. Richard Little, "Ideology and Change", in Berry Buzan and R.J. Barry Jones (eds), Change and the Study of International Relations, London: Frances Printer, 1987, p.35. 6. Dyson, K.H.F., The State Tradition in Western Europe, Oxford: Martin Robertson, 1980, pp. 205-206. 7. Olukayode C. Taiwo, Implementation of the United Nation's Declaration on Human Rights: An Examination of Human Rights Protection in Nigeria", Nigerian Journal of Democracy, Vol. 1, No.l, October 1994, pp. 21-38. 8. Justice Oputa C.A., Human Rights in the Political and Legal Culture of Nigeria, Nigerian Law Publications Limited, Lagos, 1989, p.3. 9. Quoted in Strouse J.C., and Calude R.P., "Empirical Comparative Rights Research: some Preliminary Tests of Development Hypothesis" in Richard P. Calude (ed), Comparative Human Rights, The Johns Hopkins University Press, Baltimore, 1976, p. 51. 10. Park, H.S., "Correlates of Human Rights Global Tendencies" in Human Rights Quarterly, M.G. No. 3, August 1987, p.406. 11. Strouse, J.C. and Calude, R.P. op.cit. 12. See, Eghosa E. Osaghae, "Ethnicity and Democracy", in Ayo Fasuro et. al., (eds), Understanding Democracy, Bookcraft Ltd., Ibid, 1992, pp. 40-43. 13. Ibid. 100 101 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Bolaji Bateze, "Religion and Politics: The Relevance of the American Example to Nigeria", in Oyin Ogunba (ed), Governance and the Electoral Process: Nigeria and the United States of America, A Publication of the American Studies Association of Nigeria, 1997, pp. 539-554. For more recent data on religious pluralism in the U.S., see, "Islam in the United States of America", Whitney Young Information Resource Center (IRC), Public Affairs Section, US Consulate General, Lagos, November, 2001, p.5. Cited in Emmanuel O. Ojo, "The Rights of the Citizens in the 21st Century Nigeria: A Comment", being the text of a paper presented to the National Association of Social Studies Educationists Conference 2000, with the theme "The Nigerian Citizen in the 21st Century", held at the University of Ilorin, Ilorin, Kwara State between 10th-13th May, 2000. See, Emmanuel O. Ojo and Ademola Azeez, "Mechanisms for the Safeguard of Human Rights in Nigeria's Nascent Democracy: Lessons from the Past", being a paper presented to the International Conference on "Politics, Society and Rights in Traditional Societies", organized by Institute for Benin Studies/ Carnegie Council on Ethics and International Affairs, between 10th and 17th May, 2002 at Benin City, Edo State, Nigeria, p.16. See, Awake!, "Religion in Russia: What is its Future?", Benin City, Edo State, Nigeria, April 22,2001, p.3. Ibid. Ibid. Spalding, Nancy L. "Civil Liberties in a Plural Society: Religion and Speech in the United States", in Nigerian Journal of American Studies, Vol. 11, July 1992, pp. 38-65. See, Frankel, Lidnel H., Law, Power and Personal Freedom, St. Paul Minnesota: West Publishing Company, 1975, pp. 300-309. Cited in Spalding, op. tit., p.39. 102 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Chafe, L., Free Speech in the United States, I'M 1. Also cited in Spalding op. cit. See, Cantwell Vs. Connecticut, Freedom lo express even annoying religious views, 1940. Minersville Schul District v. Gobitis, Children can be expelled for refusing to salute the flag even though it is against their religion-1940. Cited in Spalding, op. cit, p.48. See, Kenneth Janda et. al., The Challenge of Democracy: Government in America, Houghton Mifflin Company, Boston, 1992, p. 536. For the details about the latest legal battle between the Jehovah's Witnesses and U.S. Ohio Mayor, see Awake! Benin City, Nigeria, January 8, 2003, pp. 3-11. See, Bolaji Bateye, op. cit., p.541. For details of Government's apparent leaning and bias towards a particular religion, see, A.E. Davies, "Secularity and State Practices in Nigeria", in H.O. Danmole et. al. (eds), Contemporary Issues in Nigerian Affairs, Sunad Publishers Limited, Ibadan, 1995, pp. 80-99 and P.R.A. Adegbesan, "Pragmatic Involvement in Religious Matters: A Case Study of Nigeria ",in Alternative Political Futures for Nigeria, Stephen O. Olugbemi (ed), NPSA Publication, Lagos, 1987, pp. 95-105. Also, for the same strand of argument, see, Emmanuel O. Ojo, "Public Opinion and the Conduct of Nigerian Foreign Policy", in Hassan A. Saliu (ed), Selected Themes in Nigerian Foreign Policy and International Relations, Haytee Books, Sally and Associates, Ilorin, 1999, pp. 89-105. Agbaje, A.A.B., "Electoral Administration in Nigeria's in J.A.A. Ayoade (ed), Handbook of Election Monitoring in Nigeria, Vantage Publishers, Ibadan, 1999, p.91. Simeon O. Ilesanmi, "Constitutional Treatment of Religion and the Politics of Human Rights in Nigeria", African Affairs, Vol. 100, 2001, pp. 538-539. Ibid., p. 529. 103 35. 36. 37. See, 'Kaduna Massacre: Sharia Will Split Nigeria', The News, 6th March, 2000. According to the News Magazine, a BBC reporter was reported to have said "I have never seen a slaughtering of human beings like this." Prof. Wole Soyinka, a Noble Laureate too was reported to have told the magazine that "... this is a serious state of anomie and the prelude to war...". For more information on the Sharia crisis see, Tell, March 13, 2000. For an in-depth analysis of ethno-religious crisis in Nigeria, see, Emmanuel O. Ojo, "Excursion into Nigeria's Ethno-Religious Crisis", The Herald On Sunday, Ilorin, July 28th, 2002. See, Reports on Nigeria in 2000, US Department of State, Whitney M. Young Jr. Information Center, Public Affairs Section, Lagos, Nigeria, January 2001, p.30. See, Razaq D. Abubakre et. al. (eds), Religion and Politics on Nigeria, A Publication of Nigerian Association for the Study of Religions, 1993. Also, see, The Sharia Issue, by Committee of Concerned Citizens, Working Papers for A Dialogue. 104