LeFaso.net Newsletter Draft Religious Freedoms Bill: Islamic Associations Call for Withdrawal

Saturday, January 07, 2017, at the invitation of the Executive Secretariat of the Federation of Islamic Associations of Burkina (FAIB), the Council of Ulemas met at the headquarters of the Federation for the purpose of examining the draft Religious Freedoms Act.

The ulemas of the Islamic ummah of Burkina, after having examined article by article, the draft law, expressed deep concerns about certain provisions of the text. Obviously, the application of the bill as it stands will reduce the freedom of conscience and worship as recognized by our constitution, with very likely harmful consequences on the living together appreciated by all in Burkina Faso.

The Council of Ulemas expressed concerns, some of which are reflected in the articles cited below:

CHAPTER I: General provisions Article 8: The collective exercise of worship takes place exclusively, except with the express authorization of the competent authority, in buildings intended for the exercise of public worship, and identifiable from the outside: Concerns: what about small prayer gatherings in services, yaars, roadsides, bus stations… Will an unidentifiable prayer building from the outside be hit prohibition under the terms of this bill?

Article 13: The erection of buildings intended for the exercise of worship is prohibited in public services with the exception of health facilities, prison establishments and barracks Concerns: what about small formal spaces or informal prayer rooms, set up in services and other public places apart from those mentioned in the bill?

Article 14 The opening of a building intended for the exercise of worship is subject to the prior obtaining of a certificate of conformity issued by the mayor after consultation with the competent technical services and an authorization to open issued by the territorially competent High Commissioner.

Concerns: Will all these Muslim places of worship, including the many mosques of all kinds across our cities and countryside, become illegal?

TITLE II: RELIGIOUS FREEDOMS IN PUBLIC SERVICES

LeFaso.net Newsletter Draft Bill Religious Freedoms: Islamic Associations Call for Withdrawal

Article 33: The fact for a public official to ostentatiously manifest his religious convictions in the exercise of his functions constitutes a breach of his obligations.

Concerns: Are praying in service, naturally wearing the Islamic veil, the boubou, the bonnet, the beard ostentatious manifestations of one's religious belief? Clarification is needed because zealous agents are already beginning to ban the wearing of the veil to Muslim girls and women when no law prohibits it. With this bill, the situation will worsen and deteriorate living together in public services.

Article 34: The head of each public service is required, within the confines of his service, to enforce the application of the principle of the equality of all before the public service and that of the religious neutrality of public service agents Concerns: The vagueness that surrounds the question of religious neutrality can give free rein to interpretations and abuses to the detriment of certain citizens.

CHAPTER III: Religious Freedoms in Educational and Research Institutions

Article 48: Staff members of public educational establishments have the right to freedom of religious conscience. They are free in their religious opinions and beliefs, but may manifest them only outside of service. This right to freedom of religious conscience is exercised with respect for the freedom of others and provided that its exercise does not disturb the normal functioning of these establishments.

The practical procedures for exercising religious freedoms in teaching and research establishments are set by regulation.

Concerns: If staff members of public educational institutions cannot manifest their religious opinions and beliefs only outside the service, there is a need to know what is contained in the manifestation of the opinion religion and belief. This will prevent any position or opinion of a believer from being misrepresented as religious or creed.

Article 49: Outside of service, teachers' public religious stances, the exercise of religious worship, the wearing of signs of religious affiliation, the participation in a religious group shall not constitute a violation of their professional obligations.

Concerns: Does this mean that the Muslim teacher could no longer pray at school outside the classroom? Wear the boubou, the hat or the veil? What are the signs that we qualify as religious affiliation?

Article 61: The exercise of religious freedoms does not give pupils or students any right to perform acts which, by their ostentatious nature, constitute acts of pressure, provocation, proselytism or religious propaganda and disrupt the course teaching and research activities and the normal functioning of the services.Concerns: The content of the article needs further explanation. Does this mean that activities organized by religious student and school associations outside the hours of student occupation will no longer be permitted in public establishments?

Article 63 Each detained person may, as far as possible, satisfy the requirements of his religious, moral or spiritual life. Concerns: When it is specified that it is as far as possible, it means that a detained person can be prevented from satisfying his religious, moral or spiritual life.

Article 100, last paragraphs: the founders and leaders of the religious association cannot be in charge of responsibilities within the governing bodies of political parties. To be a leader of a religious association in Burkina Faso, one must meet the following conditions: be of sound mind; be of good character; not have been sentenced to a custodial sentence of more than 2 years; convictions covered by rehabilitation or an amnesty are not taken into consideration; be at least 20 years old; justify solid knowledge of religious matters attested by at least one recognized structure or institution. Concerns: What are these structures that should attest to the knowledge of the leaders of associations in religious matters before they can claim to lead a religious association. How to comply with the age requirement (at least 20 years) in the case of religious associations at the level of pupils and students whose members can all be under the age of 20?

In view of all these concerns related to the cited articles, the possibility of divergent interpretation of other points of the text, and the national context marked by terrorist attacks allegedly under the guise of Islam, the FAIB believes that 'Instead of further pacifying relations between populations, the new bill, if applied as it stands, would constitute a reduction in religious freedoms and worship and a potential source of conflict.

This is why, while welcoming the initiative and the principle of a law that regulates religious freedoms, the FAIB calls for the withdrawal of the bill on religious freedoms with a view to a broad consultation that will lead to consensus proposals.

The President of the Presidium of the FAIB

El hadj Abdoul Rahmane SANA, Knight of the National Order