One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
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Below are extracts from the
Constitution of Rwanda. You'll see that the country describes itself as "secular" in Article 1, prohibits discrimination on the basis of religion in Article 11, and contains a qualified religious freedom guarantee in Article 33 (religious freedom is guaranteed "in accordance with conditions determined by law", which is so broad as to potentially eviscerate the right).
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Establishment Clause (weak)
Article one
The Rwandan State is an
independent, sovereign, democratic, social and secular
Republic;
Equal Protection of Religion
Article 11
All Rwandans are born and remain
free and equal in rights and duties.
Discrimination of whatever kind
based on, inter alia, ethnic origin, tribe, clan, colour,
sex, region, social origin,
religion or faith, opinion, economic status, culture, language,
social status, physical or
mental disability or any other form of discrimination is
prohibited and punishable by law.
Religious Freedom
Article 33
Freedom of thought, opinion, conscience, religion, worship and the
public manifestation
thereof is guaranteed by the State in accordance with conditions
determined by law.
Propagation of ethnic, regional, racial or discrimination or any other
form of division is
punishable by law.
Ceremonial Deisms
Article 61
Before taking office, the
President of the Senate and the Speaker of the Chamber of
Deputies, the Prime Minister,
the President of Supreme Court, ministers, ministers of
state and other members of
Government, senators, deputies, officers of the rank of
General and senior officers of
Rwanda Defence Forces, commissioners and senior
officers of the National Police,
the Vice-President and judges of the Supreme Court, the
Prosecutor General of the
Republic, the Deputy Prosecutor General and such other
persons as may be determined by
law shall take oath in these words:
« I,………………………. solemnly swear to
the Nation that I shall:
1° diligently fulfill the
responsibilities entrusted to me;
2° remain loyal to the Republic
of Rwanda ;
3° observe the Constitution and
the other laws;
4° work for the consolidation of
national unity;
5° conscientiously fulfill my
duties of representing the Rwandan people without any
discrimination whatsoever;
6° never use the powers
conferred on me for personal ends;
7° promote respect for the
freedoms and fundamental rights of the human being and
safeguard the interests of the
Rwandan people.
Should I fail to honour this
oath, may I face the rigours of the law.
So help me God»
Article 104
Without prejudice to provisions
of Article 196 of this Constitution, before assuming the
duties of office, the President
of the Republic shall take the oath of office before the
President of the Supreme Court
in the presence of both Chambers of Parliament in these
words:
« I,…………………………. solemnly swear
to the Nation that I shall:
1° diligently fulfil the
responsibilities entrusted to me;
2° remain loyal to the Republic
of Rwanda ;
3° observe and defend the
Constitution and the other laws;
4° preserve peace, territorial
integrity and consolidate national unity;
5° conscientiously fulfil my
duties without any discrimination;
6° never use the powers
conferred upon me for personal ends;
7° guarantee the respect of the
freedoms and fundamental rights of the human being
and safeguard the interests of
the Rwandan people.
Should I fail to honour this oath,
may I face the rigours of law.
So help me God. »
