Christianity and Islam: Lessons from Africa

BYU Law Review BYU Law Review

Volume 1998 Issue 2 Article 5

5-1-1998

Christianity and Islam: Lessons from Africa Christianity and Islam: Lessons from Africa

J. Paul Martin

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J. Paul Martin,

Christianity and Islam: Lessons from Africa

, 1998 BYU L. Rev. 401 (1998).

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* Execut ive Dir ect or of th e Ce nt er for the Study of Human Rights, Columbia

Universit y. The Essay draws on the author’s re sear ch on t he eva ngelization of th e

Sotho in nineteent h cent ury Souther n Africa and on an article on religiou s

proselyti zat ion co-authored with Father Harry Winter, O.M.I., who is a dir ect or of th e

Oblate Center for Mission Studies in Washington D.C.

1. See David M. Smolin , Cra cks in the Mirror ed Prison: An Evangelical Critique

of Secularist Academic and Ju dicial Myths Regarding the Relationship of Religion and

American Politics, 29 LOY. L.A. L. REV. 1487, 1512 (1996) (discussing worldwide

“resurgence of conse rvat ive, and eve n fu nd am en ta list, re ligion”).

2. See A. Pet er Mut harika, The Role of the United Nations S ecurity Council in

African Peace Management: Some Proposals, 17 MICH. J. INT’ L L. 537, 538 (1996)

(stating th at coun tr ies ar e in creasing ly faced w ith th reat s from int er na l re ligiou s

conflict s).

3. S ee, e.g., Johnathan K. Stubbs, Persuading Thy Neighbor to Be as Thyself:

Constitutional Lim its on Evangelism in th e United S tates and India, 12 UCLA PAC.

BASIN L.J. 360, 366 (1994) (stating that when Ch ristian missionar ies moved into

Islam ic ar ea s t he re wa s a na tu ra l con flict wit h e xis ting laws).

4. See SAMUEL P. HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING

OF W ORLD ORDER 198-200 (1996) (discussing the rise in immigrat ion due to improved

tr an spor ta tion and communication).

401

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Christianity and Islam: Lessons fr om Africa

J. Paul Martin

I. INTRODUCTION

As we end the twentieth century there is a resurgen ce of

interest in religion and the role it plays in our lives.

Religion

and, unfortu nately conflicts that are religiously defined have

returned to center stage in world politics.

After years of ne-

glect, more academics are examining religious beliefs and prac-

tices. They recognize, perhaps, the de facto role religion plays in

the lives of large segments of the earth’s population and in the

decisions of many world leaders.

Certain works and the popular press have suggested an

inherently conflicting relationship between Islam and Chris-

tianity.

The potential for conflict between Christian ity and

Islam is augmented by modern communications and increasing

population movements that bring about an unprecedented in-

termingling of religions, eliminating religiou sly homogen eous

communities virtually everywhere.

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402 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

5. See S.I. St rong, Ch ristia n C onstit ut ions: Do T hey Prot ect Internationally

Recognized Hum an Rights and Minimize the Potential for Violence Within a Society?,

29 CASE W. RES. J. INT’L L. 1, 62 (1997).

6. See Leila P. Sa yeh & Adr iaen M. Morse, Jr., Islam and the Treatm ent of

Women: An Incomplete Understanding of Gradualism, 30 TEX. INT ’L L.J. 311, 313-14

(1995).

7. Pr oselyti zat ion and religious missionary work are used interchangeably in

this Essay in their most gen eric form, namely, as witnessin g and seeking to recru it

new memb ers t o th e beliefs an d pr act ices of a par ticu lar re ligiou s tra dit ion.

8. See JOHN L. ESPOSITO, THE ISLAMIC THREAT : MYTH OR REALITY? 46 (1992).

9. See John S. Pobee, Religi ous Hu m an Righ ts in Africa, 10 EMORY INT’L L.

REV. 163, 165 (1996); Lisa L. Schmandt, Commen t, Peace with Justice: Is it Possible

for the Former Yugoslavia?, 30 TEX. INT’ L L.J. 335 , 337 (19 95).

10. See Ann E lizabet h Ma yer, Universal Versus Islamic Human Rights: A Clash

of Cultures or a Clash with a Construct?, 15 MICH. J. INT’L L. 307, 320 (1994).

11. See DAVID J. BOSCH, TRANSFORMING MISSION: PARADIGM SHIFTS IN THEOLOGY

OF MISSION 368 (1996).

However, Islam and Christianity have m uch in common.

They come from relat ed theological traditions, and both believe

in a single omnipotent God who is concern ed with human his-

tory and who has sent messengers to guide human beings to

salvation.

Proselyt iza tion

has characterized the history of

both Christianity and Islam, although its intensity has varied

from group to group, and historical period to historical period,

within each tradition. Today, Muslims and Christians are in-

creasingly inter mingled. They n ow live more often in the same

spaces, which increases the danger of competing for the same

souls.

Decisions on the per missibility of Mu slim cust oms are

finding their way into western legal systems, which, though

secular in form, still reflect their Christian origins.

In some parts of the world, Christian-Muslim antagonisms

exhibit, and in others could regain, the political force they pos-

sessed during the period of the crusades in the late Middle

Ages.

Some people in the West identify political Islam as the

major enem y of West ern Civilization.

On the other hand, oth-

ers seek to improve relations between the two faiths. Christian

groups are reformulating their theologies of mission to reject

pejorative concepts like proselytism to talk about witness, dia-

logue and cooperation.

The in creasing religiou s pluralism of

modern society has brought these segments of the Christian

church to appreciate the importance, and indeed the necessity,

of institutionalized tolerance in the civic sphere.

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401] CHRISTIANITY AND ISLAM 403

12. See Pet er A. Sa mu elson, Pluralism B etrayed: The Battle Between Secularism

and Islam in Algeria’s Qu est for D emocracy , 20 YALE J. I NT’L L. 309, 328 n.137 (1995)

(discussing the hist orical roots of religious plur alism an d encour ag ing pe ace ful

interaction); Joseph P. Viterit ti, Choosing Equality: Religious Freedom and

Educational Opportunity under Constitutional Federalism, 15 YALE L. & POL’Y REV.

113, 189 -90 (1996 ) (exp lain ing the im por ta nt role r eligiou s plu ra lism h as pla yed ).

13. See Peter Wallensteen, Global Patterns of Conflict and the Role of Third

Par ties , 67 NOTRE DAME L. REV. 1409, 1414-15 (1992) (describing violence in

Yugoslavia an d North ern Ireland); Gera rd Wh yte, Religion and the Irish Consti tution ,

30 J. MARSHALL L. REV. 725 , 727 (19 97) (d escri bin g con flict s in Nor th er n I re la nd ).

This Essay uses h istorical and t heological reflections on

Christian missionary work in Africa to rea ch beyond the stereo-

typical view that religions are necessa rily in conflict wit h one

another and that the West is fighting Islam for souls. It seeks

to develop a vision of a path toward a peaceable social order

based on contemporary concepts of human rights. Religion and

society are obviously multifacet ed. My resea rch on missionary

work in Africa shows that religious missions involve much more

than competition for souls. Their net results are pervasive and

it is important to take into account the resulting big picture.

My basic thesis and the lessons we can learn from Christianity

and Islam in Africa are: (a ) the rela tionsh ip between religion

and “civilization” as a whole is complex and descriptions should

not be undu ly simplified, let alone reduced to stereotypes; (b)

social equilibrium depends on the continuing, gradual

interpenetration of different cultural, economic and polit ical

traits and traditions; these processes are impeded when public

policies try to separate out, socially or physically, the different

traditions; and (c) while still to be improved, human rights

represent the best set of common standards to assure a

peaceable social order.

II. IMPACT OF RELIGION ON SOCIETY

In the modern wor ld, increasing pluralism is both an

em pirical fact and a process that requires astute public policy

to ensure a peaceable social order.

World views and n ational

policies that juxtapose or, worse still, separate or demonize as

inimical traditions, ideas and practices that have significant

numbers of adherents, inevitably lead to social tension, and

may lead to violent social conflagr at ions, as we have seen most

recently in the former Yugoslavia and Northern Ireland.

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404 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

14. See, e.g., Gar y R. Govert, Something There Is That Doesn’t Love a Wall:

Reflect ions on the History of North Carolina’s Religious Test for P ublic O ffice, 64 N.C.

L. REV. 1071, 1078 (1986) (explaining the differ en t p ra cti ces of Ch rist ian g roup s);

Denis E. Owen, Disbelieving the Culture Wars, 6 U. FLA. J.L. & PUB. POL’Y 253, 254-

55 (1994) (explaining the different political appr oaches of Chr istian denominations);

S.I. Str ong, Law and Religion in Israel and Iran: How the Integration of Secular and

Spiritual La ws Affects Hu m an Righ ts an d t he P oten tia l for Violen ce, 19 MICH. J. INT’L

L. 109, 125 (199 7) (discu ss ing t he differe nt div isions wit hin I sla m).

15. See HUNTINGTON, supra note 4, at 211.

16. See id.

17. See Oma r Sa leem , Be Fruitful, and Multiply, and Replenish the Earth, and

Subdue It: Third World Population Growth and the Environment, 8 GEO. INT’L ENVTL.

L. REV. 1, 14-15 (1995) (describing t he close relationship between the state and

religion in th e Isla mi c wor ld).

18. See Pobee, supra note 9, at 164-65 (describing the union between

governments an d r eligion s in Niger ia an d S ud an ).

19. See Thomas M. Franck, Com m un ity Ba sed on A utonom y, 36 COLUM. J.

TRANS NAT’L L. 41, 56-57 (19 97).

Preempting potential conflicts and resolving actual conflicts,

even at an early stage, must be seen as a major challenge

requiring multiple institutional and individual inputs, certainly

much more than a military presence and the assistance of a few

Non-Governmental Organizations (NGOs) and United Nations

(UN) agencies.

Within both Islam and Christianity there are many

groupings, theological traditions, and religious and secular

authorities.

Both religions view the tolerance of other

religions wit h difficulty. Both religions are universalist,

appealing to and welcoming all human beings. Th ey both decry

all forms of discrimination on grounds such as gender,

nationality, and ethnic origin.

Within each system there are

conservative and radicalizing movements. In addition,

Christianity and Islam have adapted to many varied cultural

situations and both maintain their commitment to recruiting

new members throughout the world.

Overall, Christianity has

placed a greater emphasis than Islam on administrative

structures as mechanisms of unity.

From time to time, both faiths have been closely allied with

political power,

if not also with its sword.

For the past four

hundred years, the major difference between the two t raditions

has been the enormous industrial, technological and

commercial interests that have accompanied Christianity. This

is beginning to change in industrializing Muslim countries,

such as Malaysia and Indonesia.

As the relative economic

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401] CHRISTIANITY AND ISLAM 405

20. See Sur ya Pra kash Sinh a, The Axiology of the International Bill of Human

Rights, 1 PACE Y.B. INT’L L. 21, 25 (1989 ) (descr ibing expan sion of the Islam ic world

to northern Africa); Derege Demissie, Note, Self-Determination Including S ecession vs.

The Territorial Integrity of Nation-States: A Prim a Facie Cas e for S ecession , 20

SUFFOLK TRANS NAT’L L. REV. 165, 177-78 (1996) (describing spread of Islam across the

coast of ea st er n Afr ica ).

21. See Pobee, supra note 9, at 163.

22. See generally FREEDOM OF RELIGION AND BELIEF: A WORLD REPORT (Kevin

Boyle & J uliet Sh een eds ., 1997) (providin g exa mp les of ind ividua l coun tr ies including

Sudan an d E gyp t).

23. See Donna E. Arzt , Heroes or Heretics: Religious Dissidents Un der Islamic

Law, 14 WIS. INT’L L.J. 349, 421 n .190 (1996) (describing nom ina l conversion s in order

to re ceive be ne fits).

power of the “Christian West” diminishes the relationship

between the two religions will likely be affected.

The critical elements t o consider in assessing the im pa ct of

these religions on society are: (a) the evolving social and

economic context in wh ich the religion s a re active, (b) th e major

actors, (c) the missionary methods and goals, (d) the patterns of

adaptation, (e) the even tual outcomes, and (f) the normative

systems and actions taken by the civil powers to assure social

order. These will be discussed successively.

A. The Evolving S ocial and Econom ic E nviron m ent

Religious missionaries in Africa were always part of more

general cultural and economic flows. Islam moved with traders

along the east coast, across north Africa and the Sahara, and

down, inland, into the west.

Christianity moved with the

expansion of Europe, down the west coast and into the middle

of sub-Sahara Africa. As a result, there is now a broad band

across Africa where Islam and Christianity interface and

intermingle.

The interesting aspect of this interaction is that

in som e countries it is amicable, wh ile in other s it is ten sion-

provoking.

Day-to-day local community activities in towns and villages

reflect traditional African character rather than European.

Local factors, rather than national, generally determine how a

given community responds to religion . Africans h ave long

recognized the benefits offered by r eligiou s or ganiza tions, su ch

as increa sed a ccess t o education and other social services, and

have adjusted their beliefs accordingly.

There are many

stories of Africans m oving from one Christian faith to another

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406 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

24. See ADRIAN HASTINGS, THE CHURCH IN AFRICA: 1450-1950, at 311-12 (1994).

As a h ig hly or ga n iz ed m on a rch y, t he Zu lu we r e “h ighly suspiciou s of any su ggestion

of dual loyalty.” Id. at 311.

25. See id. at 311-12. Rather than being su spicious of Christianity, kings in the

Sotho kingdoms actu ally convert ed to Christia nit y. See id.

26. See id.

27. See Laura Nader & Mar iane Ferm e, Transplants Innovation and L egal

in order to advance their education. Both Islam and

Christianity, albeit in different ways, have opened up the world

to Africans, bringing in outsiders and also linking Africans to

their respective network and communication systems.

B. The Major Actors

In assessing the impact of religions on society, the most

significa nt actors are the religious leaders and their

communities, but public officials and n onreligious s pon sor s a re

also important. Religious innovators and missionaries are

religious activists seeking change and seeking to convert

members of a community. The history of missions in Africa

shows that individual human qualities, the chemistry of the

interaction, and lea dersh ip impinge s ign ifica ntly on the

development of religious groups. They must always be taken

into consideration.

African communities responded t o the first Christian

missionaries in different ways. Some communities sought to

exclude all external missionaries, others welcomed

missionaries, but most were somewhere in between. Some, like

the Sotho in southern Africa, welcomed the missionaries as a

way to help th em un derstand an d adjust to the encroaching

western forces.

Other s, lik e t he Zulu in southern Africa,

preferred to resist missionaries and relied on their own

resources and traditions.

Typically, strong groups resisted and

weak ones accommodated.

Once they accepted missionaries, these societies—fir st the

small African and later the colonial units—had to mediate

conflict s among religious groups and their followers as well as

between religious groups and traditional political authorities.

These processes, which were ad h oc in traditional African

societies, were formalized by the colonial powers through laws

governing not so much religion as certain functions of r eligion ,

notably education and family laws.

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401] CHRISTIANITY AND ISLAM 407

Tr ad iti on in th e Horn of Africa, 45 AM. J. COMP. L. 209, 210 (1997) (reviewing

MODELLI AUTOCTONI E MODELLI D’IMPORTAZIONE NEI SISTEMI GIURIDICI DEL CORNO

D’AFRICA (Elizabet ta Gr an de ed., (19 95)).

28. Cf. Pobee, supra note 9, at 163-67 (mentioning govern me nt decision s wh ich

show pr efere nce tow ar ds a r eligion ).

29. Cf. Robert G. Gosselin k, Minority Rights and Ethnic Conflict in Assam,

India, B.C. THIRD WORLD L.J. 83, 86 (1994 ) (dis cus sin g t he conflict in Niger ia).

30. See Aust in Metu mara Ahan otu, Muslims and Christians in Nigeria: A

Contemporary Political Discourse, in RELIGION, STATE AND SOCIETY IN CONTEMPORARY

AFRICA: NIGERIA, SUDAN , SOUTH AFRICA, ZAIRE, AND MOZAMBIQUE (Austin Metumara

Ahanotu ed., 1992 ).

31. See NOEL Q. KING, CHRISTIAN AND MUSLIM IN AFRICA, 81 (197 1); see also

ELIZABETH ISICHEI, A HISTORY OF CHRISTIANITY IN AFRICA: FROM A NTIQUITY TO THE

PRESENT 235-37 (1995) (e xp laining th at even Chr ist ian colonial a dm inist ra tor s

“consciously fostered Isla m” by preferring them over Christians in the military and

for dom esti c jobs).

In general, the available political space and the quite

differ en t patterns of religious practice on the part of traditional

African religion s, meant that a considerable amount of

symbiosis was possible in sub-Sahara Africa for Islam and

Christianity. The colon ial powers a nd t heir immediate African

successors, with the exception of Sudan, have systematically

refrained from sponsoring a particular religious persuasion as

the state r eligion.

From the point of view of African governments today, the

net result is a low level of religious (as opposed to ethnic)

conflict . Even along the Islam-Christianity divide, in states like

Mali and Burkina Faso, public and private entities manifest a

high degree of religious integration. Tensions are greatest in

countries, such as Niger ia

and Sudan,

where the former

colonial powers enforced separation,

and restricted

interpenetration, such as that of Christian missionaries into

Muslim regions. Today, religious tension in Nigeria and Sudan

is the most significant in Africa. This supports the argument

that, left to themselves, people ca n find bet ter wa ys of

symbiosis.

Religious and other activists make allies and link up with

other social forces, choosing individuals and groups with goals

other than their own with whom they are willing to collaborate.

These alliances can often be more implicit and informal than

explicit and formal. While most alliances are with persons in

positions of local authority, in any given social environment

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408 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

32. See generally MAX GLUC KMAN , ANALYS IS O F A SOCIAL SITUATION IN MODERN

ZULULAND (195 8).

33. See Anth ony V. Raftopol, Note, Russian Roulette: A Theoretical A nalysis of

Voucher Privatization in Russia, 11 B.U. INT’L L.J . 435, 44 6 (1993).

34. See THO MAS CAROTHERS, ASSESSING DEM OCR ACY ASSISTANCE, THE CASE OF

ROMANIA (1996); Maka u Wa Mutua, Hope and Despair for a New South Africa: The

Limits of Rights Discourse, 10 HARV. HUM. RTS. J. 63, 65-66 (1997).

35. See Detlev Vagts & William R. Cotter, The South African Quagmire: In

S earch of a Peaceful Path to Democratic Pluralism, 82 AM. J. INT’L L. 684 (1988)

(reviewing THE SOUTH AFRICA N QUAGMIRE: IN SEARC H OF A PEACEFU L PATH TO

DEMOCRATIC PLURALISM (S. Prakesh Sethi ed., 198 7)).

36. See Wa Mu tu a, supra note 34.

there are other persons with whom the missionaries feel

cultural bonds or allegiances.

The rela tively simple for ms of collaboration exercised by the

first colonial administrators, local shopkeepers, and religious

missionaries in the la st century have been su pplem ented or

replaced by a very wide range of change-oriented forces. These

forces include governmental and intergovernmental aid

agencies,

development and humanitarian organizations,

corporations ranging from extractive industries to export item

producers in search of chea p labor,

and other

nongovernmental agencies of all sizes with a myriad of goals

and interests.

Human rights rhet oric pervades the work of all

the foreign development groups, often combining it with the

promotion of democracy, rule of law, and good governance. They

extend their influence t hrough consultant relationships,

contracts, loans, and grants to local NGOs, private businesses,

and government agencies. A Coca-Cola executive, committed to

a profit margin for the corporation in Atlanta, could have a

social impact comparable to that of a missionary who teaches

science in a high school in Nigeria or Armenia.

Muslim missionary activity in Africa and in the south of the

former Soviet Union is said to en joy exter nal support from

governments as varied as Turkey, Saudi Arabia and Iran.

Similarly, it can be said that Christian missionary activity

frequently benefits from the support of western governments

such as through the United St ates government’s u se of

Christian aid organizations to distribute food through PL-480.

The mainstream established churches from the Christian

west are seen as natural allies in the work of western

development agencies. International businesses concerns

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401] CHRISTIANITY AND ISLAM 409

37. See En id Trucios-Ha ynes, Religion and the Im m igra tion and Nationality Act:

Using Old Saws on New B ones , 9 GEO. IMMIGR. L.J. 1, 19 n.101 (1995) (giving a

defin iti on of missionaries wh ich inclu des ma ny ser vices oth er th an religiou s

pr oselyt izin g).

38. This information is based on persona l communications to the author from

human rights specialist s working in Albania and Bosnia .

attempting to set themselves up in the newly independent

countries also appeal to the churches, as do many of the

governments in the newly independent states of the former

Socialist world. Cultural, political and economic globalization

bring both openings and resistance. The responses of t he

various branches of Islam and Christianity are extr emely

varied. The topography of the responses has yet to mapped.

C. Missionary Methods and Goals

Mis sionary methods and goals suffer most from the

stereotypic images of missionaries deceiving and manipulating

local populations. By defin ition, missionaries are committed to

change and thereby threaten to disturb the local populations’

prior equilibrium and thus evoke hostility. Today, the older

churches in Eastern Europe complain about the resources at

the disposa l of the new religions, pointing, for example, to the

monopoly of the television channels on Sunday by foreign

evangelists.

As history reveals, forms of promulgating religious faith

range from indirect action in the form of simple witness and

lifestyle without any attempt to preach or harangue, to

providing hea lth, education and ot her services. Today, for

example, the Hari Krishna group runs a food kitchen in an

especially neglected area of Chechnya. Education and health

services have always been a major component of Christian

missions around the world.

More recently, Islamic groups

have increased their humanitarian work both within Islamic

countries and by sending workers to countries with Muslim

populations undergoing civil war.

Other groups focus on direct

eva ngelization, the “I-am-here-to-convert-you” message. The

most serious problems, however, occur when either method is

endorsed and enforced by civil force.

The human rights issue, as far as methods are concerned,

arises from the fear that these initiatives are coercive,

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410 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

39. See Rebecca Tsosie, N egotiatin g Econom ic S ur viv al: T he Cons ent Princi ple

and Tribal-State Compacts Under the Ind ian Gam ing Regulatory A ct, 29 ARIZ. ST. L.J.

25, 30 (1997) (discussing the plight of Native Americans when Ch ristian m issionaries

criminalized tr ad ition al cus tom s a nd re ligion).

40. See ISICHEI, supra note 31, at 235-37.

41. See generally Abdulla hi Ahm ed an-Na ’im, Sudanese Identities, in THE

SEARCH FOR PEACE AND UNITY IN THE SUDAN (Francis Deng & Prosser Gifford eds.,

1987). This text illustrates lengthy and sophisticated conversations between

Protestant missionar ies an d the local chief on topics r anging from politics to theology.

There is a lso t he wide r p rocess of social cha nge a nd th e role of religious thought . See

id.

deceptive, manipulative, disrespectful, fraudulent, or invasive

of privacy. Missionaries have been and still are accused of being

abusive to and even destroying local culture and customs, and

as capitalizing on the misfortunes of disadvantaged people who

are ill-prepared to resist or understand what is happening.

How does one decide which are legitimate and which are

illegitimate methods of persuasion? Who is to be the judge?

Inevitably it falls to the government authority, which has its

own interests, but has no criterion by which to judge the innate

truth of any religion. It must turn to more secular criter ia.

At the same time, missionaries can be, and are, used to

bring benefit s t o the loca l popu lation. History repea tedly shows

how education services brought by the missionaries were used

by local people to obtain jobs and advance within the society at

large.

There are many stories of young people adjusting their

religious beliefs successively to obtain schooling. The early

missionaries’ work on the orthography of a language was often

critical, not only to assure the survival of a language, but also

for later literary contributions. Th ese are ju st two examples of

the many social forces and interests at work. Neither the

missionaries nor the local people a re fully in control. Each must

learn to work with those forces and interests. My own resea rch

on missionary wor k in Africa has con vin ced me t hat both the

missionaries and the local people are rational actors, enjoying

sophisticated insights into the risks and benefits involved.

D. The Resulting Processes of Accommodation and Adaptation

When the cultures of the external and internal forces are

very different, every element of a society may be put in

question: values, mores, world views, economic structures, and

levels of political and economic independence. This is as true in

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401] CHRISTIANITY AND ISLAM 411

42. See, e.g., HUNTINGTON, supra note 4, at 95 (at tr ibu tin g th e revival of r eligion

in Asia an d I sla mi c count ri es to cha nging econ omics a nd demographi cs).

43. Cf. S. Talcott Ca mp, Why Have You Been Silent? The Church and the

Abortion Ban in S out h A frica, 4 COLUM. J. GENDER & L. 143, 166 (1994) (discussing

the Cou nci l of Africa n I nd epen dent Ch ur che s).

44. See, e.g., ISICHEI, supra note 31, at 335 (discussing the newly founded

Church of God Mis sion I nt er na tional, wh ich ha s over 100 0 br an che s).

45. See KWAME BEDIAKO, CHRISTIANITY IN AFRICA: THE RENEWAL OF NON-

WESTERN RELIGION 63 (1995).

an African village in the nineteenth century as it is in a

Russian one today, as the Orthodox Church seeks to regain the

moral authority and influence it had before communism, while

competing with missionaries and other agents from Europe and

Asia.

Groups and individuals reflecting the greatest

dissatisfaction with their immediate social en vir onment or

prospects respond most dramatically. For example, within five

years of the first nuns arriving in Lesotho, celibacy as a nun

proved an attractive option for young Sotho women unhappy

with the marriage pat terns and practices of their society,

offerin g them at the same time higher social status.

Proselyt ization in Africa and Eastern Europe takes place in a

wider process of social change and also sets off its own

processes of social change.

The acceptance of new beliefs includes a social statement

about a person’s and a group’s social loyalties, needs and

interests. In both nineteenth and t wentiet h century Africa and

former socialist countries, massive social transformations are

coinciding with heightened religious activity.

E. The Eventual Outcomes

The long-term outcomes of religiou s t oler ance involve

assimila tion and eventually more stable patterns of

accommodation between the new and old traditions. One

radical effect in Africa has been the la rge n umbers of

independent churches.

Many of them h ave memberships in

the millions,

and their theologies and practices represent an

amalgam of Christianity and traditional components.

The

adaptation of mainstream Christianity to Africa is still a work

in progress. The structure and forms of worsh ip of th e

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412 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

46. See FREEDOM OF RELIGION AND BELIEF: A WORLD REPORT, supra note 22;

Abdullahi A. An-Na’im et al., Cultural Transformations and Human Rights in Africa:

A Preliminary Report, 11 EMORY INT’L L. REV. 287 , 299-30 0 (1997).

47. See KEVIN SHILLINGTON, HISTORY OF AFRI CA 355-58 (1995).

mainstream churches have evolved st eadily with increasing use

of African forms of music and worship.

Among Muslim s, Arabic r et ains a place of pride for those

capable of reading or at least reciting texts from the Koran, yet

community activities and religiou s celebrations r eflect

traditional domestic concerns such as family relations and

trade, even if informed by t he basic ten et s of Islam. Th e most

important outcome common to both Christianity and Islam is

their global and universa list characteristics. Bot h groups

assure their members incorporation into a transnational global

community based on a belief in a single omnipotent God and a

single human race where all are equal. To an oppressed

minority, this is an especially appealing message.

F. The Norm ative System s

Governments have at their disposal many instruments to

control religious or ganizations a nd t heir mem bers: t axation;

property and inherit ance laws; allowing or restricting use of

public pr operty and inst itutions; a ccess t o press, print and

other media; control of public and private assemblies and

associations; and other powers that enable the civil authority to

act in a less than neutral fashion.

Public policies have been

the major determinant of Christian-Islamic relations.

While setting overarching legal systems based on their own

traditions, colonial governments made use of Islamic and

traditional laws and institutions to govern subun its within

their jurisdictions.

Islamic family laws were generally

enforced by colonial authorities and, in the interest of social

peace, the activities of European Ch ristian missionaries were

restricted by colonial administrators in such heavily Muslim

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401] CHRISTIANITY AND ISLAM 413

48. Cf. Guenther Auth, Book Note, 22 YALE J. INT’L L. 447, 448 (1997)

(reviewing HURST HANNUM, AUTONOMY, SOVEREIGNTY, AND SELF DETERMINATION

(1996), an d n oti ng re ligi ous in toler an ce in Su da n).

49. Cf. Akin Ibidapo-Obe, Th e Dilem ma of Afr ican Crim inal L aw : Tradi tion

Versus Modernity, 19 S.U. L. REV. 327, 334-35 (1992) (stat ing that Islamic law is

correlated wit h Afr ican l aw—especially in N igeri a a nd Su da n).

50. In the classic work by David J. Bosch, there is n o discussion on the righ ts

of those to be “missionized.” See generally BOSCH, supra not e 11. The evolut ion t he

book traces reflects the desir e on th e par t of the Chr istian chu rches to improve

interfaith relations.

51. Cf. Pobee, supra note 9, at 163-67 (discussin g legal sys te ms of Africa n

count ries).

52. See, e.g., Chine du Reginald Ezetah, In tern ati onal Law of S elf-Determ inati on

and the Ogoni Qu estion: Mirrorin g Africa’s Pos t-Colon ial Dilemma, 19 LOY. L.A. INT’L

& COMP. L.J. 811, 856 n.217 (1997) (describing et hn ic conflict between the Hutu and

Tu ts i); Chr istoph er A. Ford, Watching th e Watchdog: Security Oversight Law in the

New Sout h A fri ca, 3 MICH. J. RACE & L. 59, 86 (1997) (dealing with eth nic conflict in

South Africa); Gwendolyn Mik ell, Ethnic Particularism and the Creation of State

Legiti m acy in West Afri ca, 4 TULSA J. COMP. & INT’L L. 99, 104 (1996) (discussing

ethnic conflict in Wes t Afr ica ).

53. See Lino J . Lau ro & Peter A. Samuelson, Toward Pluralism in Sudan: A

Traditionalist Approa ch, 37 HARV. INT’L L.J . 65, 65 (1996); Auth, supra note 48, at

447 (me nt ion ing the religious in toleran ce in Su da n).

54. See Mikell, supra note 52, at 103-04.

areas as the northern parts of the Sudan

and Nigeria.

Laws

were used by the colonists to assure social order.

Until recently, neither administrators nor religious leaders

gave any consideration or similar protection to the rights of

African communities and their religions. Christian and Muslim

missionaries simply believed that they should do all in their

power to convert nonbelievers, pagans, and kaffirs, as they

were routinely called. St rategies were chosen on the basis of

their effectiveness rather than in recognition of the rights of th e

people.

Recently, a few West African countries have introduced

legislation to protect traditional religion. Today, most sub-

Saharan countries can boast a high degree of religiou s freedom

without sophisticated legal systems. Instead popular attitudes

exist that are generally tolerant of other r eligions, including

areas where Islam and Christianity are heavily intermingled.

Social tensions in Africa reflect et hnic rather than religious

concerns,

however , religiou s t en sions a re evident at a national

level in Sudan

and Nigeria.

In Sudan, there has been a long

civil war, with the Islamic governments from Khartoum

seeking to assert their admin istrative and religious control over

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414 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

55. See id. at 112-13.

56. See id.

57. G.A. Res . 217, U .N. Doc A/8 10, at 71 (1 948).

58. Art icle 18 sta te s tha t, “[e]veryone ha s the right to fr eed om of t hou ght,

conscien ce and r eligion; this r ight includes freedom to change his religion or belief,

and freedom, either a lone or in community with others and in public or private, to

manifest his r elig ion or belief in te ach in g, pr act ice, w ors hip a nd observ an ce.” Id. at

74; see also Lawr ence Rosenn , The R igh t to be Differ ent: Indigenous Peoples and the

Quest for a Unified Theory, 107 YALE L.J. 227 , 259 n .20 (199 7).

59. See Developm ent s in t he Law—Religion and the Stat e, The Complex

Intera ction Bet ween Religion a nd Govern ment , 100 HARV. L. REV. 1612, 1615 (1987)

(citing H. COWARD, PLURALISM: CHALLENGE TO WORLD RELIGIONS (1985) (giving

doctrinal statements in J uda ism, Ch ristianity, Isla m, Hindu ism and Bu ddhis m in

support of re ligious p lura lism)).

southern Sudan, an almost completely non-Muslim

population.

In Nigeria, religious tensions fester beneath a

complicated political situation that again pits an Islamic north

against a non-Muslim south.

In both countries political factors

interplay with religious ones, making it hard to define it as a

pr edominantly religious t ension.

III. NEW THEOLOGICAL PERSPECTIVES

Many forces have come together in the last few decades to

change the wa y Ch ristians t hink about missionary wor k and

their relationship with other churches and religions. A

theological distinction is now made between “proselytism” and

“witness.” It started at the beginning of the twentieth century,

with Christian missionaries seeking wa ys to avoid competition

among them selves a nd especially with Orthodox Christianity.

Religious tolerance was furthered by Article 18 of the 1948

Universal Declaration on Human Rights,

which recommended

that freedom of thought, conscience and religion be

incorporated into national legal systems.

Words like

proselytism, implying coer -cion, manipulation or deception,

gave way to words such as dialogue and witness. The idea that

faith and belief require free choice and should not be coerced

also emerged. This approach was based both on th e growing

acceptance of the dignity of the human individual and the

desire to reduce conflict with other religions. Most of th e

Christian churches have now produced documents that

underline these perspectives and accept religious pluralism.

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401] CHRISTIANITY AND ISLAM 415

60. See, e.g., ISICHEI, supra note 31, at 335 (discus sin g th e Ch ur ch of God

Mission In te rn at ional ).

61. See generally EILEEN BARKER, NEW RELIGIOUS MOVEMENTS: A PRACTICAL

INTRODUCTION (4t h e d. 1989 ).

62. Cf. Pet er Stein fels, Fordham ’s New T heologian: A Flair for Diplom acy, N.Y.

TIMES, Oct. 2, 1988, at 50 (describing the Catholic Church’s att empts to improve

relations wit h P rote st an ts , J ews a nd oth er s).

63. See KING, supra note 31, at 112.

64. Cf. Arthur E. Anthony, Comment, Beyond the Paper Tiger: The Challenge

of a H um an Righ ts Cou rt in Africa , 32 TEX. INT’L L.J. 511, 512 (1997) (discussing

political an d hu man rights difficulties in Suda n a nd Nigeria).

65. See Declaration on the Eliminat ion of All Forms of Intolerance and

Discrim ina tion Based on Religion or Belief, G.A. Res. 36155, U.N. GAOR, 36th Sess.,

Supp. No. 51, at 171 , U.N. Doc. A/36/51 (1 981 ).

Interfaith relations have progressed most evidently among

the mainstream churches. Relations between mainstream

churches and the new religions,

often referred to as cults,

have been more difficult. Dialogue between Christians and

Jews has brought new understanding,

while dialogue with

Muslims is still at a very early stage. In Africa, with the

except ion of South Africa, dialogue between Muslims and

Christians is limit ed to occasional cooperation in the capital

cities. On the other hand, in most parts of rural Africa,

Christians and Muslims live amicably side by side and there is

considerable intermarriage in countries along the Muslim-

Christian line.

The two exceptions, Nigeria and the Sudan,

seem to show that the tensions reflect their r espective political,

rather than religious, histories.

In this sense, the new

Christian thinking in the West coincides wit h a grassroots

sentiment in Africa that has promoted r eligiou s

accommodation.

Unfortunately, with respect to religious tolerance and

pluralism, most domestic and intern ational laws remain at

rudimentary levels in their capacity to protect freedom of

religion and belief. The UN approved a Declaration on the

Elimination of all Forms of Intolerance and Discrimination

based on Religion or Belief in 1981,

but lit tle in the way of a

convention or treaty seems likely in the immediate future.

In addition to religious conversion, Christian and Muslim

missionaries bring about many other tangible and far-reaching

changes, often with significant social consequences. The r esults

reflect both the cultural difference bet ween the two religions

and the more general political a nd cultural invasion affecting

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416 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

66. See generally Dan iel Thur er, National Minorities: A Global, European, and

Swiss Perspective, 19 FLETCHER F. WORLD A FF. 53 (1995) (de scr ibing difficu lties of

minorities in legal sys te ms ).

Africa and t he former socialist countries . Any mea su rem en t of

outcomes should examine at least the following:

(1) the formation of new social groupings and the adopt ion

of new normative reference groups, as well as new world views

and visions that reorient the next generations with more

inclusive and universalist visions;

(2) the adoption of new social practices tha t challenge

previous practices and put into question the social in st itutions

that supported them;

(3) the establishment of new relationships with the world

beyond the imm ediate local community, reaching to Mecca,

Rome or other religious centers, but also to other economies;

(4) the incorporation of new cultural traits and institutions

ranging from words, music, art, social practices, and

ceremonies to eating patterns and economic structures;

(5) integration of the missionaries’ work and resources (e.g.,

funding, hea lth and education services, communications, and

equipment) and t heir impact on t he physical well-bein g of the

local community (e.g. educational and health services and

standards as well as economic structures and systems of

wealth).

All of these dimensions must be taken into consideration if

we are going to evaluate the impact of a religion on a given

society, but also if the government power is going to prepare

itself to deal with pot ential points of con flict .

In a post-Universal Declaration of Human Rights world, we

cannot neglect questions of social justice in this process. What

are the rights and obligations of the various actors? To what

extent can Islam and Christianity come together to assure that

human rights standards are used to promote religious well-

being, religiou s fr eedom , and religious outreach activities as

well as general social order?

IV. THE N EED FOR COMMON STANDARDS

Empirical human rights studies show that the groups most

in need of protection are popu lations without political power

who su ffer viola tions because of their relative weakness.

They

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401] CHRISTIANITY AND ISLAM 417

67. See Donna E. Arzt, Religious Hum an Rights in Muslim States of the Middle

East an d N orth A frica, 10 EMORY INT’L L. REV. 139, 144-45, 155-56 (1996) (describing

nominal conver sions to I sla m a nd vari ous t act ics e mp loyed).

68. See Sam uelson, supra note 12, at 358 n.153 (citing Donna J . Sullivan,

cannot resist an oppressive s uperior power. Th is weakness ca n

stem from many reasons ranging from pressing needs such as

hunger, ph ysical plight, and ou tright coer cion, to the la ck of

education and knowledge of the outside world. At what point

are the rights of individuals or groups without the power to

resist violated by religious forces? What criteria ought to be

used to evaluate such situations?

There is a general moral and legal language that argues for

a level playing field for all actors. The concept of a free market

reflects this commitment in economics. Are there adequate

international st anda rds, agreements and/or exa mples of

national provisions t o pr otect against religiou s discrimination

and persecution, or do we need more detailed and issue-specific

legal and ethical codes to assure a level playing field? Is the

principle of a level playing field acceptable as a general

principle? For some religion s the answer is no. However , more

religions would answer yes toda y than a cen tury ago.

The primary responsibility for any necessary standards

belongs to the state. With respect to the religious authorities

and activists, the most serious tensions come from accusations

of the u se of coercion and abuse of power. The tactics vary from

withholding food fr om the hungry until they convert, a tactic

reportedly being used in Khartoum to convert refugees from

southern Su da n, to denyin g coveted access t o religious

schools.

The state enters into this realm as t he n eutral gu arantor of

its peoples’ rights and is required to respond should they be

violated. It must, for example, decide on the right of foreign

missionaries to enter the country and on their rights while they

are there. The state must then respond to any resulting

tensions or conflicts. History shows that states have played a

range of roles that have been anything but neutral toward faith

traditions wit hin their borders. Indeed, in terms of extent and

impact, persecution and other violations of religious rights by

states have always been a much greater problem than the

violation of rights by religious authorities and activists.

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418 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

Advancing the Freedom of Religion or Belief Through the UN Declaration on the

Elim inati on of Religious Intolerance and Discrimination, 82 AM. J. INT’L L. 487, 499

(1988)).

69. See Str ong, supra note 14, at 111.

70. See, e.g., Reginald E zetah, The Right to Dem ocracy: A Qualitative Inquiry,

22 BROOK. J. INT’L L. 495, 519 (1997) (stating that one of the purposes of the United

Nations is to promote human rights and social progress); Ernst-Ulrich Petersmann,

Constitutionalism and International Organizations, 17 NW. J. I NT’L L. & BUS. 398, 434

(Winter -Spring 1996-1997) (sta tin g th at the pr omotion of social ju stice is on e of t he

goals or major t ask s of inte rnat ional organiza tions).

71. See Str ong, supra note 14, at 111.

72. See generally Fionnu ala Ni Aolain, The E m ergen ce of Diversit y: Differen ces

in Hu m an Righ ts J ur ispru den ce, 19 FORDHAM INT’L L.J . 101 (1995) (discussing judicial

exa mina tion of human rights documents); Brenda Sue Thornton, International Human

Rights in Am erican Courts: The Case of Nelson v. Sa udi Arabia , 86 AM. SOC’Y INT ’L

L. PROC. 324 (199 2) (sam e).

Thus, there are two levels of n eed, dom estic la ws to assure

religious rights and to prevent discrimination, and

international inst itutions t o respon d when a st ate’s own action

or lack of action results in serious violations of religious rights.

Much seems to be needed in both the domestic and

international fields. Domestic standards vary significantly from

country to country and international standards are very

sketchy and enjoy little in the way of enforcement

mechanisms.

In a world where interaction is increasing, there is a trend

toward and a need for more common domestic and international

standards. International human rights standards have begun

the move toward a level playing field. While religious rights are

barely addressed, human righ ts a re t he most widely accepted

standards of social justice in the world today

and many, such

as freedom of assembly, association and expression, can be used

to protect religious freedoms. These rights are defined in the

various human rights documents developed by governments

under the a uspices of the United Na tions

and some have been

further refin ed through judicial decis ions a nd lega l opinions.

In terms of foreign policy, the state has many interests to

reconcile, including its own legitimate inter est in the well-being

of its people, national security, economy, language and culture,

as well as such other concerns a s public order and safet y. E ach

of these may provide the state with a legitimate rubric for

restricting or supporting religious activity. When a governm ent

violates the right to freedom of religion, the issue may become

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401] CHRISTIANITY AND ISLAM 419

73. See, e.g., Arzt, supra note 23, at 385 (explaining the crusades and the

bloodshed between different religions); James David Phipps, Comm ent , Kiss of Death:

Application of Title VII’s Proh ibit ion Aga inst R eligious Discrim ination in th e Kin gdom

of Saudi Arabia, 19 94 BYU L. REV. 399, 427 n.28 (1994) (citing ALBERT HOURANI, A

HISTORY OF THE ARAB PEOPLES 35, 134, 13 9-40, 217-18 (199 2)) (explaining that Islam

required a p oll t ax by n on-conver ti ng J ews a nd Chri st ians but n ot b y Mu slims ).

74. See HUNTINGTON, supra note 4, at 268-72.

of interest to other states. The various national communities of

Isla mic and Christian believers have the power, because they

are international religions, to urge their governments to take

diplomatic or other action to protect coreligionists in another

nation. As far as Africa is concerned, religion is increasingly an

international issue in the Sudanese conflict, which could lead to

new policies and alliances.

V. CONCLUSION

The purpose of this Essay has been to lay out som e of the

elements of religious fr eedom that stem from Islam and

Christianity in Africa, with an emphasis on their missionary

and universalist perspectives. With the exception of Nigeria

and Sudan, religion is not a primary element in any of the

current violent conflicts. Nevertheless, precisely because there

is little religious con flict and little explicit religiou s legislation

or litigation, now is the time to examine the need and

possibility of common standards. The common standards should

be based on international human rights, as they are the only

widely accepted standards that can be applied across countries.

Such standards could include standards to govern the rights of

populations targeted by missionary groups, but also protect the

rights of the different religions.

In recent years, Christian missions have tended to become

more responsive t o the righ ts of their target populations.

However, as established religions both Islam and Christianity

have historically fought hard, in word and through politics, to

exclude other religions from their territories.

Given the role

that religion, as per son al conviction and as institutional

heritage, still plays in personal and national identity, and the

dangers of the H obbesian world outlin ed in Huntington’s

book

—that such social iden tities easily becom e lines of

conflict —not only resolving tensions with religiou s dimensions

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420 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1998

75. See id.

but also setting up institutions to do so ought to be high

priorities for all public authorities.

Religion is a large part of the social process in many African

countries and state policies can play a very important role in

inter -religiou s relations. So far, religious conflicts have not been

a major problem for African governments. During crisis,

however, it is difficult to differ en tiate bet ween religion as a

basic inspiration, mobilizing tool, demarcation of different

interests, or as a pretext. The positive news is that Islam and

Christianity preach a world of peace and brotherhood. However,

can they promote a world of peace and brotherhood if t he

effective political apparatus is neutral?

Is it possible to create a system in which the state is both

su ppor tive and n onpartisan? This transposes into a question of

political order, the most appropr iate place along the spectrum

between a U.S. position of maximum sepa ration of religion and

state and those that have instituted elaborate government

ministries to monitor religion and inter faith relations. As each

system has its m er its, this Essay does not advocate either

model or one of the many possible intermediates.

My additional conclusions a re: (a) that while domestic and

international legislation may help, critical factors to consider in

order to achieve religious peace include common st andards, and

national administrative and educational institutions that, on a

day to day basis, assure social peace; and (b) that to achieve

religious peace, the people and government need to have a

strong commitment to equal treatment, and to effective and

appropriate rules and institutions.

Social structures require accepted rules pr otecting the

rights of all individuals. Effective institutions mediate between

potentially competing religious groups on the basis of principles

of tolerance and equal treatment. Huntington is correct that

religion is an important part of national ident ity, but he is

likely incorrect that conflicts are inevitable and that we should

aim to keep different religious com munities separate from one

another.

Rather, it is important that different religious

communities be allowed to intermingle and that at the same

time we develop the institutions n ecessary to resolve conflict s

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401] CHRISTIANITY AND ISLAM 421

and tensions before they reach situations such as those in

present-day Yugoslavia and Israel.