Religious Freedom in the Maghreb Countries Hans Vöcking Once upon a time there was a spark of freedom. It ignited in Tunisia, spread to Egypt and then lit up Libya and other regions in the Arabic Islamic world. Young and courageous freedom fighters went out on the streets and squares to put an end to decades of oppression. Demands were raised for the observance of universal values human dignity, freedom of thought, religious freedom and emancipation. Observers of events in this region witnessed an Islamic society embarking on a journey towards change and into the modern age. The Maghreb covers the Northern African countries of Algeria, Morocco and Tunisia. These countries form a coherent region, both linguistically and culturally. The national language of the three states is Arabic, and their culture has been dominated by Sunni Islam since the seventh century. It influences the organisation of their communities and provides guidelines for national and international policies. Lasting traces have been left by France as a colonial power, which was present in the Maghreb region from 1830 to 1962. Three départements were set up in Algeria Alger, Constantin and Oran which formed part of the French nation. Morocco, Tunisia and the Sahara, on the other hand, were run as mandates. France shaped and organised society along European lines, and the French colonial power respected Islam as the religion of the majority. France s long presence in the Maghreb has left its mark: along with Arabic, the national language in all three countries, French continues to play an important role as a language of education, trade, culture and everyday interaction. Religious minorities in Northern Africa According to the Maliki School, one of four recognised schools of Islamic Sunni law, the predominant religion in all three countries is Sunni Islam. Based on the tradition of Medina, Malikis follow a 81
82 Religious Freedom as a Human Right rigorous interpretation of Islam whereby the interests of the Islamic community rank higher than those of the individual. According to the constitutions of Algeria, Morocco and Tunisia, Islam is the state religion in each country. However, religious minorities have been present in the Maghreb for several centuries. In Algeria and Tunisia there is an Islamic minority of Ibadites. This is the only surviving branch of the Kharijites ( those who went out ) in Northern Africa. The movement arose from a group of Muslims who opposed both the 4th Caliph, Ali (602-661), and his opponent, the 6th Caliph, Muâwiya (600-680), as they were fighting for domination. Later the Kharijites also resisted the Sunni Caliphate of the Umayyad dynasty (661-744). The main reason for the split was the Kharijite dogma that any Muslim even an Ethiopian slave can hold the office of an imam or caliph. They see themselves as the elect and all non-kharijites as infidels. 149 A Jewish minority has lived in the three Maghreb countries for many centuries. Quite a few traditional Moroccan dishes, for instance, have their origins in Jewish cuisine. 150 However, the number of Jews in the area has gone down considerably since the three countries gained independence. The foundation of the state of Israel and the Israeli-Arab wars are further reasons why Jewish communities in Morocco and Tunisia are very small now. The third religious minority is formed by a variety of Christian churches and fellowships. There has been a lively church in Northern Africa since the second century, with Carthage as a centre of Christian theology and spirituality. The church in Northern Africa paved the way for Latin Christianity by translating the Bible and the writings of the Church Fathers into Latin. 151 The time of Saint Augustine, the greatest Latin-speaking Doctor of the Church, was the period when the church experienced its greatest extension. During the fourth century today s territories of Tunisia and eastern Algeria had around 300 dioceses. In the seventh century Northern Africa was conquered by Arabic Muslims, and Christianity disappeared in the course of the centuries. 152 149 Elger, R. (ed.), Kleines Islam-Lexikon, Bonn 2001. 150 Riemenschneider, M., Zur Situation der Christen in Nahost und Nordafrika, KAS Auslands informationen, 2011, 6, 6. 151 De Sauto, M.: Teissier, H., un êvêque en Algérie, Paris 2006, 36. 152 Cuoq, Joseph, L Eglise d Afrique du Nord du II au XII siècle, Paris, 1984.
Religious Freedom in the Maghreb Countries 83 During the colonial era the core of the Christian minority was formed by European immigrants. It was the French Roman Catholic Church that created the ecclesiastical structures of dioceses and parishes in the Maghreb. In the same way the French Reformed Church also created its church structures, which continue to exist in the expatriate community to the present day. New Protestant churches have arisen in all three countries over the past thirty years, both Evangelical and Charismatic. They go back to the activities of North American missionaries from the 1970s onwards. Today, however, it is local people who work as missionaries, preachers and church leaders. The exact number of conversions is not known; the Northern African media speak of several thousands, mainly among the Berbers. Estimated number of Christians: Algeria: Morocco: 65,000 Evangelical Christians 10,000 Protestants 4,000 Catholics 1,000 Orthodox 23,000 Catholics 6,200 Protestants and Evangelical Christians 1,000 Orthodox Tunisia: 21,000 Catholics 153 1,800 Protestants and Evangelical Christians 300 Orthodox 154 1,000 Jews on the island of Djerba and about 40 families in Tunis 155 Taken together, Jews and Christians in the three Maghreb states form a minority of less than 1%, and Christian churches mainly consist of migrants, African students, diplomats and international experts. Religious freedom in traditional Islamic doctrine Despite different manifestations of Islamic society today, all of them have one thing in common. Their political and legal foundations 153 Neue Zürcher Zeitung (29 April 2013) mentions 30,000 Christians. 154 www.ead.de/gebet/gebetstag-fuer-verfolgte-christen/archiv/archiv-laenderinformationen. 155 Neue Zürcher Zeitung, 29 April 2013.
84 Religious Freedom as a Human Right derive from the Qur an and the tradition of Mohammed (570-632). Mohammed continues to be the timeless model both in theological doctrine and in his function as a legislator and politician. Yet there are also Muslims who believe that such principles can only be derived through a contemporary reinterpretation of the two sources the Qur an, on the one hand, and the Sunnah and tradition, on the other. Any investigation into human rights in general and religious freedom in particular requires that the two sources be read with today s knowledge in mind. They take the view that the Qur an provides guidelines for correct action and is the basis for a just order, but that the two sources do not have constitutional status. The character of the Islamic order stands and falls with Sharia law, on which it is based. 156 Muslims regard Sharia law as a compendium of commandments and prohibitions which were taught by acknowledged scholars as an unchangeable divine order between the 7th and 10th centuries. Problems arise when we talk about the equality of citizens, freedom and the freedom of religion while applying the basic tenets of the Western world as a yardstick. And tension can be expected when it comes to implementing freedom of expression, political freedom, gender equality, equality between Muslims and non-muslims, the separation of powers, the rule of law, and the freedom of conscience and religion. Modern thought comes face-to-face with traditional concepts based on Sharia law. Numerous things have changed, as a result of which political rights have been given to non-muslim minorities in the Maghreb countries. For instance, citizens are entitled to vote and stand for election regardless of their religion or gender. Religious freedom, however, is only granted within narrow limits. Nevertheless, it is worth noting that an increasing number of Muslim men and women now also believe in the compatibility of religious freedom and Islam. Islam traditionally sees freedom as a matter of the law Sharia law which contains God-given specifications for areas in which individuals are permitted to make their own decisions. In Islamic society, freedom is seen as covering two areas. The first one concerns the relationship between a Muslim and a slave 157, who is the property of a 156 Scharia und Rechtsstaat Informationen zur politischen Bildung, 2012, 317, 79. 157 hurr. EI 2 (Engl) IV, 587.
Religious Freedom in the Maghreb Countries 85 Muslim and therefore not free. The second understanding of freedom is about the personal ethical behaviour of a Muslim. A Muslim is free if he is fighting for a good cause. Freedom becomes a matter of noblesse. This idea goes back to pre-islamic times, and Arabic poetry has preserved the concept of noble action as a desirable virtue to the present day. When Greek literature and academic writings were translated into Arabic, Muslims came into contact with Greek ideas about the philosophical issue of freedom as such. As a result, the interpretation of noblesse also came to be equated with Aristotelian virtues such as generosity. It should be pointed out, too, that Muslim philosophers such as Farabi (around 870-950) and Ibn Averoes (1126-1198) had only limited knowledge of political freedom. 158 A major contribution to an understanding of freedom came from Sufi movements. For Muslim mystics (hurriyya) 159 freedom essentially concerns people s behaviour towards all things, except their behaviour towards God and the worship which is due to him. Seeing the relationship between God and man as that between a master and a slave who is totally dependent on God in all things, Ibn Arabi describes freedom as perfect slavery to God. The concept of freedom was discussed in Islam during the Middle Ages, but this did not lead to the formation of any fundamental political idea. On the other hand, the concept of freedom as limited freedom did play a role in defining the position of Jews and Christians in Islamic countries, under the institution of the dhimma. 160 Non-Muslim believers mainly Jews and Christians were defined as people of the book and were given their own legal status within Islamic society or in an Islamic state. Such a person was required to pay a special poll tax called jizya, which guaranteed their personal safety, security for their property and the right to practise their religion within certain limits. In all public matters, however, they were subject to the legal system of the Islamic state. This meant, for instance, that they could not hold any public office which involved authority over Muslims. Non-believers, on the other hand, were generally not 158 EI 2, (French) III, 609. 159 Huriyya EI 2 (Engl) III, 589. 160 Dhimma is the legal status of the dhimmi, i.e. persons in care.
86 Religious Freedom as a Human Right regarded as having personal rights and were therefore not given the right to exist within Islamic society or in an Islamic state. 161 The current situation of religious freedom in the Maghreb Society in the three Maghreb states has been moulded by Islamic traditions and the Islamic concept of law for over a thousand years. During French colonialism Muslims came into contact with Western thinking through the educational system, administration, legal system and commerce. This influence continued after the three countries gained their independence. They became members of numerous international organisations, were integrated into the framework of international law and ratified international treaties. Today s society is an amalgam of Islamic cultural traditions, Sharia law and jurisprudence (fiqh) and modern democratic and pluralistic social models. The vehemence with which different political ideas are now clashing was demonstrated during the Arab Spring, when sections of society demanded the introduction of modern Western values. Traditionalists, on the other hand, responded by upholding classical Islamic values. The strong impact of Islamic tradition even today is reflected in two publications: the Universal Islamic Declaration of Human Rights by the Islamic Council for Europe (19 September 1981) 162 and the Cairo Declaration on Human Rights in Islam 163 by the Organisation of the Islamic Conference (OIC) 164 in 1979. These declarations are not compatible with the United Nations Universal Declaration of Human Rights, particularly on the freedom of religion a fact which was recognised by the Muslim signatories who declared that the human rights guaranteed in 1948 were the product of Western liberalism and secularism. The essence of human rights, they argued, had to be redefined and purged of Western cultural influences. The most important differences between Islamic human rights and those of the 161 Garaudy, R., Die Menschenrechte und der Islam Begründung, Überlieferung, Verletzung und zukünftige Perspektiven, Concilium 26 (1990) 2, 131. 162 Universal Islamic Declaration Politisch-Religiöse islamische Grundsatzerklärung, CIBEDO-Texte, 1980, 4. 163 Forstne, M., Die allgemeine Islamische Menschenrechtserklärung CIBEDO-Dokumentation, 1982, 15/16. 164 The Organisation of the Islamic Conference (OIC) has since then been renamed Orga nisation of Islamic Cooperation.
Religious Freedom in the Maghreb Countries 87 UN concern an understanding of the positions of men and women, religious freedom and, in particular, the freedom to change one s religion. Algeria Archbishop Dr. Ludwig Schick, Chairman of the Commission for International Church Affairs of the German Bishops Conference, visited Algeria from 2 to 6 April 2013. He was deeply impressed by the witness to the faith of this small church with its ministry to migrants from West Africa and to disabled people. Moreover, the church also engages in intercultural dialogue with the academic world. 165 In principle, the constitution of the country does grant religious freedom. However, articles 5 to 11 of its 2003 Administrative Regulations contain substantial restrictions on this freedom. They specify that any form of religious practice is subject to government permission. This also applies to Muslims, so that only government-appointed imams can carry out their functions at official mosques. Also, under the 2003 regulations, any solicitation to change religion constitutes a criminal act and may incur up to three years imprisonment for a lay person and up to five years for the holder of a religious office. In 2006 the regulations were tightened further, so that they now also include a ban on printing and disseminating religious literature that might be used for the purposes of conversion. Only Muslims were consulted in preparing this regulation, not Christians. 166 Liturgical worship and religious gatherings may only be held on state-approved premises. The Roman Catholic Church and the Protestant Church of Algeria (EPA) 167 each have official legal status. However, Evangelical and Pentecostal churches regularly have their meeting rooms closed and are subject to other forms of police intervention. One reason is undoubtedly that these churches consist almost entirely of former Algerian Muslims who have converted to Christianity. Nevertheless, the number of Christian converts is still growing in Grande Kabylie. 165 http://www.dbk.de. 166 hppt://www.ead.de/gebet/gebetstag-fuer-verfolgte-christen/archiv/ archiv-laenderinformationen. 167 EPA = Eglise Protestante d Algérie.
88 Religious Freedom as a Human Right Morocco During the French Protectorate (1912-1956) Muslims were banned from entering churches, and non-muslims i.e. foreigners were not allowed to visit mosques. In this respect the French mandate administration adopted the doctrinal position of the Islamic legal school of the Malikis, and the regulation is still in force today. Since independence Islam, as the state religion, has been part of the country s constitution, and the King is regarded as Lord of the Faithful. He is the protector of Islam, and religious freedom is only granted to non-muslims converting to Islam. It does not apply to Muslims wishing to leave Islam or change to another religion. King Mohammed VI has liberalised some areas of law since he took office in 1999. The Arab Spring has also reached Morocco. Although the movement did not bring down the kingdom, King Mohammed VI was obliged to introduce a range of reforms in order to keep his position of power and maintain public peace in the country. He was forced to make concessions to the Islamic Party of Justice and Development (PJD). 168 Members of the Roman Catholic, Russian Orthodox, Greek Orthodox, French Protestant and Anglican Churches are permitted to practise their faith in Morocco. Only the Catholic Church was given special legal status in a royal decree in 1983. 169 However, foreign churches are subject to restrictions. Bell-ringing is banned, Christian literature in Arabic and bibles must not be handed to Muslims, and proselytism is a punishable offence. Such action is defined in Morocco as persuading a Muslim to join a different religion through false promises or bribery. Foreign Christians are allowed to confess their faith relatively openly, while converts must exercise restraint and can only do so in secret. The main source of such obstacles and restrictions is the Islamic fundamentalist influence of public authorities, neighbours and family members. Another element that should not be underestimated is the financial support received by certain Moroccan Islamist movements from Saudi Arabia. On the other hand, it is also worth noting that the younger generation of Moroccan Muslims and 168 Parti de la Justice et Développement. 169 http:// trioimail.wordpress.com/2010/03/20/.
Religious Freedom in the Maghreb Countries 89 Christians are prepared to stand up more for political and religious freedom. Tunisia Prior to the Arab Spring in December 2010, Tunisia had been regarded as the most secular of the Maghreb states. The First President of Tunisia, Bourguiba, and his successor, Ben Ali, wanted a secular state, although religion was still not regarded as a private matter. The constitution of this independent state defines Islam as the state religion and forbids apostasy from it. Article 5 of the country s first constitution guarantees the inviolability of the human person and protects the freedom of religious practice, albeit only on condition that there is no disruption of public order. The 2012 elections brought several Islamic movements to power, which now have an absolute majority in parliament and are drafting a new constitution. It is unlikely that there will be more openness or religious freedom; more probably even tougher restrictions will be imposed. The Nahda Party, which has the majority in the Constituent Assembly, wants to prevent the inclusion of freedom of religion and conscience as separate fundamental rights in the country s constitution. They are equally opposed to the protection of minorities. Selma Baccar, an MP of the Democratic Progressive Party, believes the last option is to submit a supplement to the two articles for the plenary debate on the constitutional draft in May 2013. 170 After two visits to the Vatican by President Bourguiba 171, a further visit by the Tunisian foreign secretary on 16 February 1963 paved the way for an agreement between the Tunisian state and the Roman Catholic Church, a modus vivendi being established between them in 1964. Places of worship were transferred to the state 172, the title Bishop of Carthage was abolished and in return Tunis became a territorial prelature. The Roman Catholic Church was permitted to worship freely yet discreetly, to work through schools and engage in charitable activities. The modus vivendi provided a guarantee that priests would be allowed to enter the country and obtain residence permits. 170 Steinich, A., Religion ist in Tunesien keine Privatsache, Neue Zürcher Zeitung, 7 May 2013. 171 President Bourguiba on 19 June 1959 and 23 September 1962. 172 Seven churches remained under Church ownership, however.
90 Religious Freedom as a Human Right Since the country s independence in 1956 not a single Protestant church has been given official status as a church or religious community. The former French Reformed Church in Tunisia (ERT) 173 is tolerated and currently has a small international, multilingual congregation. The majority of its worshippers are Christians from African countries south of the Sahara. Protestant Christians are forced into illegality and have no choice but to gather in private homes. Muslims who have converted from Islam to Christianity encounter problems with their families and society. 174 Outlook It is still too early to gauge the real impact of the political and social upheaval which started in Tunisia in December 2010. In Morocco and Tunisia unrest led to the drafting of a new constitution, while in Algeria it produced political reforms. As a result of the Arab Spring free elections were held, which led to Islamist parties taking over power in Morocco and Tunisia. The consequences of political change for Christian minorities are difficult to predict. However, the history of Islamic society has shown that whenever political changes have occurred within them, any freedoms that were once granted to religious minorities are curtailed and their social situation deteriorates. 175 The situation of non-muslim minorities in the Maghreb countries remains tense and is dependent on the goodwill of the political institutions and administrative authorities. 173 ERT = Eglise Réformée de la Tunisie. 174 hppt://www.eann.de/tunesien-protestantische-christen-faktisch-illegal/6786/. 175 Richard L. Russell can already foresee this development in the Middle East today: http:// nationalinterest.org/commentary/the-crushing.
RELIGIOUS FREEDOM Foundations Reflections Models 5 Edited by Klaus Krämer and Klaus Vellguth Claretian Publications Quezon City, Philippines