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F'retoria [3u@&ihiet Group
Michel Clasquin, MA
103
Nyasa Bldg, Pretoria 0001 RSA
Tel 012 429 467113202975
Fax 012 429
3332
Wednesday, 28 December 1994
7le secretariat
C.nstitutional
Assembly
@,tr sirs/madams
Reg-ding advertisement
'of::@' We klyMailand@GuardianofDe,.cembe-r
Your
on;page:2
23 of @1994, 1 would like, on behaU... Of the.@Pr~n" Group to
respond to The
me
Committee 1, T@c 2: Character of. c
State.
Morespecifically,lwould:like @and
reii ou
organ
,gi 5 isatioirts. T'hls issue was, discu at an
series of meetings and
conferences fronl:1990 - 1992, cu ffin
ts
.d.,t of the Dexlara@n @on ' Rel@- Righ
and @Responsibil@ at a,
=ference he! @joint auspices of the World @.Conference on
Reli 'on and
@@Peace.(WCRP)
:and the lid Alternative in:South Africa
(IDASA)in
Pretoria on 22@24@'@:November 1992
My organisation:is one,
@several that has endorsed. this document and we would hereby
like to
commend it:.to wur'@,attention. A@@printout of the Declaration is attached for
your
OW
co,nvenience.@'FoT. more, j@ on h itwas
and: rit@@underlyingit'lwould
refer
you
...........
............
the .Clas Religion, '@ethics:, and
communal . intentional::
-b
on on Re s Ri : and
@Responsi
............... ghts
. .........
in
dialogue. I@oducing th@ South
and Peace. Krugersdorp:
WCRP-SA.
Michel Clasquin
(secretary)
Page
2
DECLA,RATION ON RELIGIOUS RIGHIS AND RESPONSIBILITIW
WE WHO SUBSCRIBE TO
THIS DECIARAIION
a. understand, for the purpose of this declaration, a
religious community to mean a group of people who follow a particular system
of
belic@ morality and worship, either in recognition of a divine being, in the
pursuit of spiritual development, or in the expression
of a sense of belonging
through social custom and ritual;
b. recognise that the people of on'
co"tinent, Africa, belong to diverse religious communities;
C. regrt h. i.
lo.l @. religion has somethnes been used to justify injustice, sow conflict and
contribute
to the oppression, exploitation and suffering of people; . d.
acknowledge the courageous role played by many members of re@us communities
in
upholding human dignity, justioe and peace in the face of repression and d"ion;
c. are convinced that our reh@us communities can
play a role in redressing past
injustices and the construction of a just society;
THEREFORE
f
affim the @tful and lawful @tence of diverse irefifflous communities and call
upon the state to recognise them and guarantee their
autonomy-,
g. call
upon religious communities to promote spiritual and moral values, reconabtion
and reconstruction, in accordance with their
own teachings;
AND AFFIRM
THAT
1. PEOPLE SHALL ENJOY FREEDOM OF CONSCIENCE
1 - 1 - All
persons shall be @ to have and give expression to a system of values or
religious beliefs and practises of their ch.ice,
and no-one shall be coerced
into accepting [, keeping] or changing their religious
affiliation.
12. Everyone should respect and practise tolerance towards
other people whatever their re@ous beliefs, Provided that the expression
of
reltbn shall not violate the legal rights of others.
2. RELIGIOUS
COMMUNMES SHALL BE EOUAL BEFORE THE I-AW
2.1. The state ~ uphold the
equality of all re@ous communities before the law, not identifying with
or
favouring any, but shall consult and cooperate with re@us sties in
matters of mutual concern.
2.2. Re@us communities, singly, jointly or
coftectinly, shall have the right to address the state and
enter
into dialogue on matters finpo~t to them.
2.3. The state shall
uphold the professional confidentiality of people who exercise a leadership
function in
re@us communities concerning any information acquired in the
course of their re@ous duties.
2.4. There shall be no db~ation on the basis
of re@us a@tion in employment practices, except
where re@us affluation is an
essential job qualffication.
3. RELIGIOUS COMMUNMES HAVE MORAL
RESPONSIBILMES TO SOCIM
Re@us communities should, within their re"ctin
teachfiw,
3.1. educate their communities in spiritual and moral values
and promote these in ~ty; 3.Z dir@ energies, talents and resources towards
the
service of their fellow human beings;
3.3 direct their land resourms to the
benefit of the landless,
3.4. renmin self-cdticai at all times and strive
to e@ate dis ation based on gender, race, language or socw status iia their own
structures
and among their members;
3.5. critically evaluate all social,
econonfic and political structures and their activities;
3.6 ensure that
people who exercise a leadership function in religious communities follow the
dict,,te,,,f their
consciences to avoid conspiring or colluding to violate
the public good or the legal rights of others.
4. PEOPLE HAVE THE RIGHT
TO RELIGIOUS EDUCATION
Pag. 3
4.1. Parents, guardians and
religious communities have the primary reponsibgity for the faith development of
their chgdren, and parental
consent is required in all matters pertaining to
their religious instruction and
worship in schools.
4.2. T'he decision
about whether or not to offer religious education in state schools shall be made
by each local school community.
4.3 Schools that offer religious education
may choose single-faith instruction in each of the religions represented in the
school,
or the study of world religions, or both. 4.4. In the case of a
single-faith curriculum, school communities should invite suitably
qualified
persons from religious communities to give religious instruction to their own
adherent:5. 4.5. Religious communities shall
be entitled to establish and
maintain their own educational institutions at all levels.
4.6. Such
institutions shall have the right to financial support by the state, provided
that they comply with the academic norms laid
down by the educational
authorities. 4.7. Public tertiary educational institutions should provide
facffities for worship to all relWous
communities with significant
representation at the institution.
5. AND PEOPLE IN PUBLIC INSTITLMONS
SHALL ENJOY RELIGIOUS RIGHTS
5.1. Members of the security forces,
prisoners, as well as patients and residents in public institutions,
shall
have the right to observe the requirements of their
religions.
5.2. Such persons shall have access to spiritual care from their
own religiouscommunities.
6. RELIGIONS HAVE THE RIGHT TO PROPAGATE THEIR
TEACHINGS
6.1. Ite propagation of religious teachings should be done with
respect for people of other religious
communities, without denigrating them
or violating their legal rights.
6.2. Such propagation should not take unfair
advantage of anyone on the basis of age, physical and mental weakness, economic
need
or any other Vulnerability.
7. RELIGIOUS COMMUN= SHALL HAVE ACCESS
TO THE PUBLJC MEDIA
7.1. Every religious community shall have reasonable
access to the publicly-owned communications media and
the right toestablish
its own.
7.2. To ensure such reasonable access and to avoid misunderstandings
and intolerance, the broad religions spectrum of society should
be represented
on all boards responsible for religious media.
8. T'HE STATE SHALL
RECOGNISE SYSTEMS OF FAMILY AND CUSTOMARY lAW
8.1. The state sW grant
legal status to system of famfiy and customary law of religious communities
with
regard to marriage and its dissolution, the support of dependents and
succession.
8.2. The state shall recognise persons from all religious
communities as marriage officers.
83. Marriages and dissolutions contracted
under family or customary law should be registered with the
appropriate civfi
authorities.
8.4. People whose family or customary law has been granted legal
status may also have legal recourse to the civfi authorities on issues
of family
law.
8.5, In the case of the dissolution of a marriage, recourse may be
sought in ciA law after the avenues of family or customary law
have been
applied.
9. THE HOLY DAYS OF RELIGIOUS COMMUN-MES SHALL BE
RESPECTED
9.1. Authorities and employers shall make reasonable allowances
for people from all religious communities to
observe their religious holidays
and days or times of worship.
10. RELIGIOUS INSTI=ONS MAY OWN PROPERTY
AND BE EXEMPT FROM TAXES
10.1. Local authorities shall set aside adequate
land for religious purposes, such as worship, burial and
cremation, and shag
respect the religious integrity of these sites.
10.2 Such land shall be
allocated to religious communities in terms of the needs of the local
population.
10.3. Assets, religious objects and symbols imported and funds
received by religious communities for worship,
education and works of mercy
shall be exempt from taxation, and donations or bequests for the above purposes
shall be tax-deductible.
Page 4
AFFIRMATION
We, the signatories to
this declaration,
convinced that there is an urgent need for all religious
communities and the state to accept and implement the principles in this
declaration;
trusting that this will contribute to better relations
between the state and religious communities and between religious communities
themselves;
recognising that these principles will function within the
framework of a Bill of Rights; appeal to all religious communities to promote
these principles everywhere.
SIGNED:
.................
PROPOSED
CLAUSE FOR THE BILL OF HUMAN RIGH7S
I. All persons are. entitled to
freedom of conscience, to profess, practise, and propagate any religion or no
religion and to change
their religious allegiance;
2. Every religious
community and/or member thereof shall enjoy the right -
2.1 to establish,
maintain and manage religious institutions and to that particular system of
family law
recognised by the state;
2.2 to criticise and challenge ad
social and political structures and policies in terms of the teachings of that
religion.
RESOLLMON
'Mis National Interfaith Conference
resolves
a. to submit the Declaration on Religious Rights and
Responsibilities, together with the proposed clause for the Bill of Human
Rights,
to the future constitution- and lawmaking bodies to all political
parties, and civic organisations;
b. to circulate these documents to all
religious communities and other organs of cbM society, requesting endorsement
and/or response.
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