Religion in the Public Sphere: Challenges and Opportunities in Ghanaian Lawmaking, 1989-2004

I. INTRODUCTION

The word "secularism" recommends that political and religious realms are essentially upon parallel tracks and that the sum of two units words cannot be uttered in individual breath. In Ghana, however, religion and politics have been inextricably linked since pre-colonial times.1 allowing Ghana was conceived as a secular state, Christianity became the primary religion during the era of colonial sway and English common law (with its Judeo-Christian foundations) underpinned many of recent origin laws that have guided the State since that period.2

In past decades, four Ghanaian laws have highlighted a clash of religion, agriculture and politics in the area of religious liberty in Ghana. This Article analyzes these four laws and terminates that although the laws have created more [i]or[/i] less challenges, they have also generated opportunities for dialogue between religion, customs, and tradition upon the one hand, and lawmaking in Ghana upon the other. When religious and political bodies engage in this dialogue, laws can be created to enhance human rights that harmonize with religious and cultural values rather than collide with them. of the like kind dialogue is also helpful as legislators involve civil society in the legislative proces [i]or[/i] part of to the other adequate consultation.

The first law, the Intestate Succession Law of 1985 was meant to throw back Ghana's adherence to human rights norms3 by means of addressing the problems that existed in the sphere of marriage and marital succession.4 by dint of granting spouses specific rights in each other's property5 the law significantly changed the a whole of land and property distribution that was in place prior to 1985 when Ghanaian law did not recognize the rights of widows to marital succession.6 The next to the first law, the Religious Bodies Registration Law of 1989 prescribed a necessary registration process for all religious organizations, including the elderly churches established by the missionaries.7 The Ghanaian Parliament passed the third law, the Criminal digest (Amendment) Act of 1998 in order to guard the rights of women and children through banning religious servitude.8 The fourth law, the Draft Domestic Violence Bill, is now in public debate. The propos bill is a public initiative designed to reply to the continuous problem of spousal and child abuse9 and is meant to cover these vulnerable persons against domestic violence from one side the issuance of protective orders.10

While these four laws have created more [i]or[/i] less conflict, they have also created important interactions between religion and politics in Ghana. They demonstrate the involvement of politics in the religious sphere and add to the dialogue that will lead to maintaining religious freedom while adequately reforming customs that violate human rights. Since this dialogue has draw near about primarily in reaction to the laws after their passage, I praise that dialogue that critically interrogates cultural values take place within communities before of that kind laws are passed.

Part II of this Article provides a brief overview of the relationship between religion and politics in Ghana. Part III discusses the four laws in greater detail and analyzes the challenges generated by the agency of each law, namely, the public reactions of religious constituencies that view the laws as limiting their religious freedom. Part IV provides a comparative analysis of in what manner the four laws reveal patterns and runs that challenge traditional notions of custom and religion in the lawmaking sphere while providing a vehicle to effectuate change and improve human rights. Finally, Part V presents a brief conclusion.

II. A BRIEF OVERVIEW OF POLITICS AND RELIGION IN GHANA

Traditional African societies provide examples of by what means religion and politics blend. As Hans Haselbarth asserts, "It belongs to African tradition that we cannot easily distinguish between the secular and religious realm, not smooth in politics."11 Following this tradition, religion and politics have been married in the antiquity of the traditional state and leadership in Ghana, and attempts to place them asunder have been resisted.

Thus, religion has been inextricably linked with the public sphere in Ghana since pre-colonial times.12 In traditional reflection and practice, leadership of ethnic assemblages had legitimacy in religion.13 Before the area now known as Ghana was colonized and given the colonial name "Gold Coast," traditional leadership of various ethnic collections closely intertwined with religion.14 Chiefs and leaders of the community functioned in priestly characters on certain ritual occasions.15 Their legitimacy as leaders many times had religious meaning, and as their individuals were regarded as sacred, it was many times difficult to draw a line between their secular and religious duties.16 This union of religious and political leadership is manifested in notions of divine kingship or the divine rights of the king.17 In more [i]or[/i] less communities, such as among the Ga, Ewe, and Tongu ethnic clumps the original leadership was priestly18 and devolv into chieftaincy solitary with European colonization of Africa.19 Many traditional areas have state the godheads and gods attached to their stools (the chair of states on which rulers sit as representatives of chieftaincy).20 Traditional political leaders also had priests as lock opener advisors.21 Divination and oracles provided the medium of ascertaining divine approval for policies and decisions of the State. "Traditional law" was somewhat conjoined with religion and was many times shrouded in taboo, which when separated attracted not only civil opprobrium, on the contrary at times, religious restitution as well.22