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TAKE FIVE MINUTES TO COMPLETE THE CRL ONLINE RELIGIOUS FREEDOM SURVEY!
FOR SA encourages you to make a submission to the CRL Rights Commission (“CRL”) by participating in the Religious Freedom Survey.
The CRL is inviting the faith community to have your say on some of the most critical areas where, in FOR SA’s view, religious freedom is (or has been) in danger of erosion.
This is a RARE and IMPORTANT opportunity to bring the threats and problems the religious community faces to Government’s attention. For this reason, FOR SA wholeheartedly supports the objective of the Religious Freedom Survey and encourages you to participate by clicking here and completing the Survey today.
The deadline for submissions is 12:00 on Tuesday, 31 October 2023.
Your voice is important – and will be heard in Parliament!
Your submission will influence and inform the Report that the CRL will compile based upon the findings of the Survey. This carries significant legal weight and will:
Help to develop clear guidelines and highlight areas where there are apparent gaps in the protection of freedom of religion, conscience or belief, in Government policy and/or existing law (including how the law is implemented);
Seek to inform and advise Government departments when drafting and implementing policy and/or legislation; and
Provide information and recommendations to other state institutions, like the South African Human Rights Commission (“SAHRC”).
How to complete the CRL Religious Freedom Survey
When completing the survey, each question asks you to provide examples of whatever challenges to religious freedom you may have experienced. To assist you in this, FOR SA provides draft responses to the relevant areas covered in the Survey’s questions. You can then toggle back and forth to reference the draft responses that FOR SA has provided to assist you in completing the relevant questions asked in the Survey.
1. Do you believe that your rights and responsibilities to freedom of conscience, religion, thought, belief and opinion (“religious freedom”) as guaranteed by section 15 of the South African Constitution are properly considered, respected and protected in current/existing government policies and or legislation?
No.
The test for determining whether discrimination is fair or not, as set out in section 14 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (“the Equality Act”), does not consider whether another fundamental right, for e.g. religious freedom, was being exercised in the discrimination. This results in one: religious people and their private businesses who have withheld a benefit and/or imposed a burden on someone (i.e. discriminated), facing a biased test. Two: the fairness test creates an unconstitutional hierarchy of rights, with the right to equality trumping religious freedom.
The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2023 makes it mandatory for certain categories of Nonprofit Organisations (“NPOs”) to register with the Department of Social Development’s (“DSD”) NPO Directorate – or face administrative sanctions. This means religious organisations, for e.g. churches, that make donations to foreign nationals or entities, or that provide a wide range of social services (including sending missionaries) abroad, must register with the NPO Directorate – even if these organisations are already registered in terms of other laws (for example, as Public Benefit Organisations (“PBOs”) with the South African Revenue Service under the Income Tax Act). The requirements for registration are set out in section 12 of the NPO Act. Thus, the State has imposed additional administrative (and therefore financial) burdens on a sector that a) runs on voluntary donations from its members (i.e. and for e.g. most churches run on a shoestring budget) and b) does a lot of social good to the communities they serve. Religious organisations will face administrative sanctions for non-compliance, while the State is highly unlikely to either have the facilities or capacities to assist, for e.g. churches to comply with the additional compliance burden.
The Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Act, 2023 (“Anti-Terrorism Amendment Act”) is of great concern to the religious community because it is patently open for abuse. Given the Act’s wide definition of “terrorism activity,” it could criminalise the voices of those opposing Government actions and/or curb important and legitimate civil society dialogue and actions – which is the lifeblood of a participatory democracy. Given that the religious community is often at the forefront of calling to account or even criticising the Government, and/or facilitating public participation in elections, the legislative process and other civil society activities, this is particularly concerning to religious organisations and leaders.]
2. Do you think that your religion, beliefs and conscience are equally respected and protected by the State, in comparison to the other equality right grounds in section 9 of the Constitution (race, gender, sex, sexual orientation, age, disability, etc.)?
No.
The Equality Act’s test of whether or not discrimination was fair (in section 14 of the Act) does not consider whether another fundamental right, e.g. religious freedom, was being exercised in the discrimination. This results in one: religious people and their private businesses who have withheld a benefit and/or imposed a burden on someone (i.e. discriminated), facing a biased test. Two: the fairness test creates an unconstitutional hierarchy of rights, with the right to equality trumping religious freedom.
Practically, the Hate Speech Bill’s weak religious exemption, will be that religious expression (and thus, religious freedom) will not be protected to the full extent as envisioned by the Constitution. This will effectively mean that religious freedom is ranked under other fundamental rights, including other equality rights (such as gender, sex, sexual orientation) while it is trite law that the Constitution knows no hierarchy of rights.]
3. Are you able to freely express, celebrate and live out your conscience, religion, thought, belief and opinion in public (e.g., on social media, in the workplace, in school/university or in the way you operate your business), without fear of legal consequences, employment consequences, social persecution or bias?
Please formulate your own response from your own lived experience
4. Do you believe that you have been unfairly discriminated against because of living out and/or expressing your conscience, religion, thought, belief and opinions in public?
Please formulate your own response from your own lived experience
5. Do you believe that you can raise your children according to your values, faith, and beliefs without interference from current Government policies, legislation, guidelines or litigation?
No.
The Department of Basic Education’s (“DBE”) draft Protocol for the Elimination of Discrimination in and through Schools fails to recognise that religion, conscience and belief are all grounds on the basis of which one cannot be unfairly discriminated against (i.e. are also equality rights). It also fails to recognise parental rights or the State’s obligation to ensure that education must be directed at the preservation and strengthening of positive African morals, traditional values and cultures.
The DBE’S draft Guidelines for the Socio-Educational Inclusion of Diverse Sexual Orientation, Gender Identity, Expression and Sex Characteristics fails to respect all learners’ rights to equality, freedom of expression and religious freedom.
The DBE’s National Policy on Learner Pregnancy in Schools includes Comprehensive Sexuality Education (“CSE”) – which has proven itself worldwide to be a highly controversial and explicit programme that sexualises children rather than teaching them about sex in an scientifically accurate and age-appropriate way. CSE has also proven to be ineffective at protecting children from harmful sexual behaviour. In addition, and very importantly, CSE is also at odds with the views and values in which many religious parents want – and have the right – to raise their children.]
Important note The Survey also asks two important questions to gauge the level of responsibility that individuals and/or religious organisations demonstrate when exercising their religious freedom and related rights and to ascertain whether there is sufficient education provided around these responsibilities.
As responsible citizens, it is important to remember that each right we enjoy has its accompanying responsibility.