A topic like “The Necessity of Regulation of Faith-Based Organizations in Rwanda” can be a hot debate between the conservatives who perceive that regulation as a state’s interference with the religion’s freedom and those who advocate for the state’s intervention to safeguard the public security and maximize the interests of the public in any way. The 19th century marked a significant separation between the Church and the state; the Church refrained from exercising its power of the state, and the principle of separation of state and the Church was spread in different corners of the world. The Constitution of the Republic of Rwanda grants freedom of religion and worship in public. On the other side, the Church created a dark image in Rwandan history by playing a leading role in separating the Rwandans, creating hatred based on imagined and subjective ethnical classes, and creating and spreading the genocide ideology. The regrettable result had been the Genocide that ravaged the lives of more than a million Tutsi in less than a hundred days in 1994. After 1994, the government of Rwanda strived for the country’s reconstruction, promoting unity and reconciliation among the Rwandans. Since then, many faith-based organizations have been established (more than 15,000 prayer houses until 2024), thus welcoming different followers.
The increase of these faith-based organizations had not been free from intra-church conflicts originating from mismanagement of the resources, discrimination among the followers, favoritism, and robbery based on misinterpretation of the scriptures, to name a few. In 2018, a law empowered the Rwandan Governance Board (RGB) to govern all faith-based organizations, from registration, issuing legal personality, monitoring their compliance with applicable laws, and sanctioning accordingly. Since then, many churches have been closed for various reasons, including those mentioned above, including lack of adequate infrastructure and safety. Against this backdrop, I iterate that the state’s intervention in institutional religion as an exception to the principle of separation of Church and state is necessary to ensure peace, security, and public order.
In doing so, I will briefly overview the historical development of religions in Rwanda, the necessity and scope of regulation of faith-based organizations, the challenges, and the way forward.
AN OVERVIEW OF THE HISTORICAL DEVELOPMENT OF RELIGION IN RWANDA: A DOUBLE-SIDED ROLE IN THE GENOCIDE PERPETRATED AGAINST THE TUTSI IN 1994
Before I discuss the necessity of regulation of Faith-Based Organizations (FBOs) in depth, it is critical to give an overview of the history of religion in Rwanda. In this discussion, I reflect on the fundamental principles governing religious freedom and its role in the Genocide perpetrated against the Tutsi in 1994 and the post-genocide era.
Freedom of Religion as a Fundamental Right under the Rwandan Laws
The Constitution of the Republic of Rwanda is a supreme law in Rwanda; it establishes binding principles and fundamental rights entitled to people that other laws must implement. One is freedom of conscience, and religion is granted to all Rwandans. Article 37 of Rwanda’s Constitution specifies that the “Freedom of thought, conscience, religion, worship and public manifestation thereof is guaranteed by the State following the law.” However, Article 41 conditions and limits the way rights and freedoms are exercised. It reads: “In exercising rights and freedoms, everyone is subject only to limitations provided for by the law aimed at ensuring recognition of and respect for other people’s rights and freedom, as well as public morals and public order.”
Separation of Politics and Religion
Rwanda is a secular country that grants freedom of conscience and religion, as I discussed above, once legal requirements are fulfilled. Rwanda’s Constitution requires politics and religion to remain separate and warns against basing themselves on discrimination.” The law governing FBOs clarifies that no organization, umbrella, forum of umbrellas, or ministry is allowed to engage in political activities to gain political power, organize debates to support political organizations or candidates, register, or use any other means to support candidates for any public office. Conversely, article 14 recognizes that an organization, an umbrella, a forum of umbrellas, or a ministry can partner for development with Government institutions.
As I introduced earlier, I iterate that these conditions and limitations in Article 57 of Rwanda’s Constitution suffice to remind a negative legacy that churches and political parties left in Rwanda. They created and spread hatred and discrimination among the Rwandans as a long-term plan for the Genocide that killed more than one million Tutsi in less than a hundred days in 1994. On a positive note, churches played another positive role in the country’s reconstruction, forgiveness, and promoting unity and reconciliation among the Rwandans after the Genocide committed against the Tutsi in 1994, as I will briefly discuss below. That catastrophic experience obligates Rwanda to take preventive measures in all aspects.
A Double-Sided Role of Religion in Genocide Committed Against the Tutsi in Rwanda in 1994
Religious teachings played a double-sided role in the Genocide committed against the Tutsi in 1994: they played a lamentable role in the planning and executing of the Genocide. They contributed unprecedentedly to the country’s reconstruction through different social and economic development programs, promoting unity and reconciliation among Rwandans. I will briefly discuss these two sides of the coin in the sub-sections below.
The Role of Churches in the Planning and Execution of Genocide Committed Against the Tutsi in Rwanda
Aside from Islam, which was also marginalized, churches played a lamentable role in the planning and executing of the Genocide committed against the Tutsi in Rwanda in 1994. Churches had promoted the killing of innocent Rwandans by favoring some ethnical classes to the detriment of others, played ethical politics themselves by putting leaders to the regime, creating and spreading hatred among the Rwandans, and actively supported the genocide commission. In that process, sending a message of ethnic discrimination became a significant focus of church teaching, while the church leaders had close ties with the political leaders of the time. Pope Francis recognized the religious role in the planning and commission of Genocide against the Tutsi when he asked forgiveness for acts of some Catholic priests and nuns who had surrendered to hatred and violence while participating in the Genocide. I agree that his courage in asking forgiveness also expressed the desire to recognize the failings of that period, which unfortunately disfigured the face of the Church and may contribute to a purification of memory and promote, in hope and renewed trust, a future of peace. Interestingly, it is worth noticing how some individual members of the religious groups demonstrated courage to protect civilians, sometimes at significant risk to them. Conversely, I am convinced that what churches ought to do in societies, regardless of other factors, is to help heal and build broken hearts of the community and Christians as a whole.
The Contribution of Faith-Based Organizations in Rwanda’s Reconstruction and Development Post-Genocide
When reminding myself of faith-based organizations’ contribution to Rwanda’s reconstruction and development post-genocide, I echo Nwazuni’s argument that religion is considered the oldest institution contributing to society’s well-being. Since religion gives the followers hope, where it appears, there is no hope, and it, therefore, makes it possible for the followers to have hope for the future because its teachings have relieved the pains people are encountering today. After the Genocide committed against the Tutsi in 1994, religious groups and associations contributed to greater understanding and tolerance by participating in interfaith meetings, organizing activities under the auspices of the religious umbrella, organizations or interfaith groups, and collaborating on public awareness campaigns and community development projects. These teachings helped some criminals understand and ask for forgiveness and the survivors to forgive. The positive result has been the unity and reconciliation among the Rwandans, which supported other social and developmental programs.
I agree with the Court that if the interests of both Church and state were inextricably bound up with one another as a factor that was to play a fateful role during the post-independence period when the Church supported the Hutu ethno-nationalism, Church and politics became intertwined in preparing and committing Genocide against the Tutsi in 1994, it should play an adverse role in repairing the broken windows after the Genocide. Court reiterates Denis’ view that interpreting Rwandan history through the lens of ethnicity was integral to the politics of the missionaries and the institutional Catholic Church, which, rather than challenging the ideology of Hutu ethno-nationalism, supported the leadership of the two Republics [after the independence].
A Reflective Discussion on the Increasing Number of Prayer Houses in Rwanda Post-Genocide
Since Rwandan independence in 1962, the number of recognized churches has increased from ten churches (1962) to 350 churches (2012) and 15000 prayer houses (when the law regulating Faith-Based Organizations was enacted in 2018). I can associate this highly increasing number of prayer houses with different factors, but I will emphasize the following factors:
1o Religious and prayers contain words of comfort for people like Rwandans who were affected by the Genocide committed against the Tutsi in Rwanda in 1994. Kubai discussed “Post-Genocide Rwanda: The Changing Religious Landscape” and asserted that one of the reasons why many Rwandans left their traditional churches to the new ones is a feeling of betrayal and disillusionment with the “official” Church. Some have confessed that they left the mainline churches because they [churches] did not try to protect those in danger.
2o Rwanda is at a high pace of economic development, which engenders inevitable challenges for many people, such as stress, anxiety, pressure, and many others. Therefore, religious preachings and prayers deliver messages of hope and strength during these difficult moments. Kubai recounts expressions of some Genocide Survivors who could go to the new churches because these churches address individual members’ problems. In the face of grinding poverty, some churches are said to support their members spiritually, socially, and materially. These encourage their members to participate in the national reconciliation and political process and preach forgiveness as a religious requirement.
3o After the Genocide committed against the Tutsi in 1994, many Rwandans who were in exile for so long returned to their motherland. The Rwandan business policy, unprecedented security, cooperation, and strategic diplomatic relations with countries on the globe opened doors for many investors, visitors, and residents. It is a vast cultural aspect of a country; Religion is also a concern. That way, these newcomers introduced different kinds of worship from their countries of origin, implying an increase in prayer houses.
I conclude the discussion on these factors above by agreeing with Kubai that the fast growth of these smaller worship groups is due to their hope, healing, and reconciliation rhetoric and being more readily available to individual members. These worship groups provide spiritual and emotional therapeutic support for the genocide survivors (for instance) than the larger and more traditional Churches.
The Growth of Worship Groups Post-Genocide in Rwanda: A De Lege Ferenda
In the sections above, I discussed a double-sided role of religion prior to, during, and post-genocide in Rwanda, and particularly, the extreme increase in the number of worship groups post-genocide and the followers’ intention to join these groups. Without being cynical, I argue that rapid increase was a concern and a de lege ferenda for the country that has a negative experience of Genocide. Therefore, if there is a concern, there must be ways to address that concern. More particularly, a critical thinker can undoubtedly question the messages delivered to the followers in these worship groups (memory of Genocide ideology by the Church), the capacity of religious leaders and preachers, and security for the followers and the public.
THE NECESSITY AND SCOPE OF REGULATION OF FAITH-BASED ORGANIZATIONS IN RWANDA
In this section, I will discuss the country’s intervention to address the concerns of the growth and operation of worship groups I introduced above. Mainly, I will discuss the country’s intervention in enacting a law governing Faith-Based Organizations (FBOs). I will limit my discussion to the requirements it imposes to register such an organization, requirements for being a preacher, limitations on religious activities, monitoring the financial aspect, and conflict resolution. These are the main factors on which the Rwandan Governance Board (the Board) and local administrative entities based when closing several previous prayer houses and continue to do so.
Legal Requirements for A Faith-Based Organization: A Strategic Harmonization of Religious Operation in Rwanda
The Rwandan legislator did not make any exception to the type of religion of faith-based organizations concerned by the present law, nor did it define a religion. Instead, it included in its list of concepts the “followers of a faith-based organization” as members who founded an organization and others who can join the organization after its establishment.
The Requirements for Application for a Legal Personality and Registration of a Faith-Based Organization
The current law sets the requirements and procedures for applying for a legal personality or registering a faith-based organization. In this context, I must recall that religion as an institution must observe laws applicable to the country in which it operates. Additionally, it is a moral person whose existence depends on a legal personality issued by the competent organ. That legal personality empowers it to enjoy legal rights like any other individual but also creates obligations. The concerned are constituents of a faith-based organization, namely an organization, ministry, branch, umbrella, and forum of umbrellas.
The law governing FBOs makes obtention of a legal personality, a sine qua none condition for an organization, an umbrella, a forum of umbrellas, or a ministry that intends to start activities. It empowers the Rwandan Governance Board (the Board) to issue legal personality and monitor the functioning of an organization, an umbrella, a forum of umbrellas, or a ministry. As I insisted above, the legal personality is a determinant factor of the existence of that moral person (legal status). Articles 17 until 33 detail the requirements for application for a legal personality, rights, and obligations and emphasize the requirements for being a preacher.
The following are required documents for application for a legal personality: an application letter addressed to the Board, notarized statutes governing its organization; the address of its head office and the names of its legal representative and deputy, their duties, complete address, and criminal records, a document certifying the legal representative and deputy were appointed following its statutes, a brief notarized statement explaining its doctrine, a notarized declaration of the legal representatives of the organization of consent to the responsibilities assigned to them, notarized minutes of the group’s general assembly that established the organization, approved its statutes. On this point, I must evoke Article Four of the same law, obligating that the statute must not be inconsistent with the provisions of other laws. Other requirements include appointed members of its organs, a notarized document describing the organization’s annual action plan and source of funding, a document indicating the building or meeting space meets the requirements of the building of the area of operation, a letter issued by district authorities agreeing to collaborate with the organization, a partnership document issued by an umbrella organization of the organization’s choosing, and proof of payment of a non-refundable application fee.
Particular Requirements for Being a Preachers
Article 22 of the law governing FBOs in Rwanda details the requirements for being a preacher in Rwanda as follows: be of majority age (majority age in the Rwandan laws is 18 years), be a person of integrity, fulfill the requirements of an organization for being a preacher at that level, possess a statement testifying that an organization authorizes him/her to be a preacher, not have been definitively sentenced to a principal penalty of imprisonment equal to or exceeding six (6) months which was never removed by amnesty or rehabilitation, not have been definitively convicted of the crime of Genocide, genocide ideology, discrimination or sectarianism. Point seven of this Article conditions academic and religious qualification when requiring the preacher to possess a degree from a higher learning institution or any other degree with a valid certificate in religious studies or related matters delivered by a recognized institution. The law states that persons required to hold an academic degree shall have five years from the date of the law’s enactment to comply with the requirement.
Concerning the place of sermons, Article 23 clarifies that religious sermons are delivered in designated facilities that meet the requirements of the law. It stresses that if an organization intends to organize a special public gathering, it seeks authorization from the competent authority. The Rwandan legislator had been sensitive about the content of the preachings and prohibited organization, an umbrella, a forum of umbrellas, or a ministry in its faith, practices, and preaching to jeopardize the unity of Rwandans, peace, and security. The legislator prohibits them from jeopardizing the public order, health, good morals, good conduct, freedom, and fundamental rights of others or causing noise pollution. However, I realize that the Rwandan legislator had not addressed the issue of abuse of sacrifices and “tenths,” the strategies of collecting the sacrifices and contributions from the believers, and messages on the immediate end of the world, not fulfilling some civil obligations such as community services, taking oath on the national flag, elections, or catastrophic events that are approaching. These messages cause anxiety and frustration to the followers and make them rebel against the developmental activities.
Monitoring the Financial Status of a Faith-Based Organization, Preventing and Addressing Associated Crimes
When discussing the power of the Board to monitor the financial status of an FBO, I must beforehand introduce it with the provisions of article four of the law governing FBOs that grants them financial autonomy, as it reads: “ Without prejudice to provisions of other laws, every organization umbrella, forum of umbrellas or ministry enjoys administrative and financial autonomy. However, when necessary, the Board can conduct financial and assets audits of any organization, umbrella, forum of umbrellas, or ministry.”
The Regulation of the Faith-Based Organization’s Lucrative Activities
The current law allows the FBOs to engage in profit-generating activities but conditions that revenues from those activities must be solely used in activities related to the organization’s mission, umbrella, forum of umbrellas, or ministry. On this point, I must remind you that religious activities are exempt from taxes, though they generate profits. The concern in this article is determining how its revenues are solely used in activities related to its mission: does it suffice if the competent organ within the organization, umbrella, form of umbrellas, or mission approves? I have earlier raised the issue of mismanagement by these organs. In the same context, the Rwanda legislator had empowered the Board, the province, and the District to be informed (through annual reports) by the organization, umbrella, forum of umbrellas, or ministry about the annual plan of activities, budget, and budget execution. However, I observed that the Rwandan legislator confused these local administrative institutions regarding these reports. Therefore, the legislator should have clarified their power to approve, rectify, or revoke them.
Strategic Prevention of Related Financial Crimes
First, I must recall that financial crime, such as money laundering, is a process by which a large amount of illegally obtained money (such as drug trafficking, terrorist activity, or other serious crimes) appears to have originated from a legitimate source. In other words, it is converting black money into white money. Experience with churches on money laundering in Nigeria suffices to alert any legislator to monitor the financial transactions of churches and worship groups. Some perpetrators of money laundering operated with some church leaders in Nigeria by using them as agents and partners in the illicit enterprise, and thus, the churches have become the facilitating agents for asset concealment. In this process, the perpetrators of money laundering purchased multiple houses using the names of friends and churches, giving the assets to churches on secret trust agreements while proclaiming such assets to be anonymous donations and gifts to the churches, establishing private educational institutions in the name of unsuspected business persons or entering into anonymous joint-ventures with others to establish some. The Rwandan legislators prevented such illicit financial transactions by establishing a monitoring process for the organization, umbrella, forum of umbrellas, or ministry’s financial support, budget planning, and execution.
In doing so, the current law provides that any financial support is deposited into the account of an organization, umbrella, forum of umbrellas, or ministry opened by an accredited bank or financial institution in Rwanda. I can deduce that this system allows the monetary operator to monitor the source of financial support and destinations of any transactions. Equally, it prohibits an organization, an umbrella, a forum of umbrellas, or a ministry from receiving support from any individual or organization involved in terrorism or other criminal activities.
The Necessity to Address the Issue of Abuse of Worship
Ngabonziza discussed the exaggerated increase in the number of churches in Rwanda, especially in Kigali City. He asserts that this exaggerated increase resulted in the abuse of religious freedom provided for by the Constitution. What was more surprising was that some churches meet in tents or houses that could not accommodate crowds, and noise pollution from night-time gatherings was a concern. As a solution, Article 23 of the law governing FBOs requires religious sermons to be delivered in designated facilities that meet the requirements of the law. If an organization intends to organize a special public gathering, it seeks authorization from the competent authority, particularly from the Board; this includes preaching through the media.
In another study, Gasana and Habamenshi raised the issue of increasing poverty among religious believers, while the religious leaders promoted a culture of operating miracles and prophecies while Christians continued to sink deeper into debt than ever before. Regrettably, the church leaders could gain profits from the believers’ sacrifices, an act that the researchers qualified as an abuse of the prophecy. They criticized these miracles as being considered to prove that their particular brand of religion is trustworthy or that a particular religious leader is an authentic representative of God. Undoubtedly, such practices consist of abuse of prophecy and misinterpretation of the scriptures associated with robbery through prophecies.
Surprisingly, preachers, who should help comfort the believers’ emotions during these difficult moments, instead sought to profit from them. Some of the trickeries they used consisted of imposing heavy offertories in the form of sacrifices, obligatory payment of “A tenth of the advance of thanksgiving,” or other sorts of gifts to the Prophet to receive the prophetic message; the Prophet is considered as a Messanger of God. I can infer that such practices would amount to a crisis in churches if the state did not intervene. Therefore, the intervention of Rwandan law governing FBOs was so conclusive in addressing these issues of abuse of worship and preventing robbery exercised by the religious leaders against their followers. The Rwandan Penal Code is evident in the punishment of such acts.
While recognizing that an organization, umbrella, forum of umbrellas, or ministry is free to determine the criteria for membership concerning its doctrine and practices, it restricts it to using coercive or fraudulent means to recruit followers or members, and members have the right to exit from them.
Power of local administration over Faith-Based Organizations and Sanctions
The law on FBOs empowers local administrative entities to enforce the law and make decisions accordingly. Through the decentralization and collaboration system, the District can request explanations from an organization, an umbrella, a forum of umbrellas, or a ministry operating in that District that did not fulfill its responsibilities. This District’s commitment to collaboration (a letter issued by district authorities agreeing to collaborate with the organization) is among the documents submitted to the Board when applying for a legal personality. This power is ordinarily entitled to the Rwandan Governance Board. If these explanations are unsatisfactory, an organization, an umbrella, or a ministry fails to provide explanations ultimately, or if it commits the same mistakes they were warned, the Board can warn it in writing.
The sanctions to impose on defaulting organizations, umbrellas, forums of umbrellas, or ministries include suspension or dismissal of administration members, and the Board does so when its organs fail to take action or revoke legal personality. This punitive intervention is done in the organization’s interests, umbrella, forum of umbrellas, or ministry. One leading example is the Board’s decision to dissolve the entire leadership of the Association des Eglises de Pentecote au Rwanda (ADEPR) on October 4, 2020, after years of wrangling, infighting, and allegations of mismanaging the Church’s funds. The concerned leadership included the general assembly, the Board of directors, the executive committee (bureau), and the arbitration committee.The Board dissolved that leadership because these problems have been around for some time, and the leadership has not taken steps to resolve them. Governance and functioning within ADEPR continued to be marred by divisionism, disturbing the members’ peace.
A severe sanction is when the Board revokes the legal personality of an organization, an umbrella, a forum of umbrellas, or a ministry. It happens if the organization, umbrella, forum of umbrellas, or ministry no longer fulfills one or many of the requirements that served as a basis for being issued with the legal personality. It can also happen when one or many provisions that serve as a basis for issuing legal personality to an organization, an umbrella, a forum of umbrellas, or a ministry are believed to be false. Revoking an organization, an umbrella, a forum of umbrellas, or a ministry can amount to total closure.
Recently, an extreme decision to shut down more than 5,600 places of worship over failure to meet the conditions required by the law for operation signifies the Rwandan rigor in regulating faith-based organizations and ensuring the enforcement of laws in place. Many of these had no address and, according to some claims, were prone to indoctrinating their followers and exploiting congregants.
Intervention in Intra-Religious Conflict Resolution
The law governing FBOs empowers organizations to resolve internal conflicts (must have organs in charge of conflict resolution) and seek support and intervention from organs immediately superior. The case is referred to the Board only if the claiming level is unsatisfied with the decision taken by the forum of umbrellas; it refers the case to the Board.Though an organization, an umbrella, a forum of umbrellas, or a ministry can be dissolved after approval by their supreme organ based on the statutes, the decision is communicated to the Board before implementation.I observed that the law has remained silent on the power of the Board on such a decision or if the Board can revoke it.
Conclusion
When discussing the necessity of regulating faith-based organizations in Rwanda, a straightforward view would conclude that every regulation potentially interferes with religious freedom. In contrast, an adverse and more objective side is that it is helpful to set limits on religious freedom to protect public security, morals, and order. While the primordial goal of religion and religious teachings is to help the believers prepare themselves for the Ultimate goal through the love of God and the love of their neighbors, few religions that have existed in Rwanda since its independence in 1962 moved to a reverse angle. Religion and politics were intertwined, while religious teachings became an adequate way to create and spread hatred, discrimination, divisionism, Genocide ideology, and its execution. The result had been the Genocide committed in 1994, which killed more than one million Tutsi in less than a hundred days. After 1994, religious groups and prayer houses increased as former Rwandan refugees returned home, and different people moved to Rwanda for different purposes while contributing to creating new groups. Rwandans abandoned their former religions to join the new ones or not belong to any religion. The main reasons were betrayal by former religious leaders or their acts prior to and during the Genocide. Others expected to get emotional, psychological, and financial support from these religious groups.
Undoubtedly, that high increase of religious groups is not free from critiques: many religious groups lacked the infrastructure required to host their members, and religious teachings were abused since some preachers and the so-called prophets used them as trickeries to get financial gain from their poor followers, and increasing conflicts within the religious groups. This religious crisis necessitated the legislator’s intervention to set clear and binding guidelines for establishing, registering, operating, and managing a Faith-Based Organization (FBOs) in 2018 and empowering the Rwandan Governance Board (the Board) to implement the law. Since then, the organization and functioning of FBOs have been harmonized, and regular monitoring processes have been done, while many religious groups that did not fulfill legal requirements were closed, and different religious leaders and preachers were suspended or revoked. In the present major paper, I supported the necessity for the state’s intervention in religious activities as an exception to the principle of separation of Church and state. It must emphasize that the state is responsible for the security of the citizens and must use all possible means to fulfill that responsibility. Finally, I recommend reviewing the existing monitoring system to evaluate the content of the spiritual messages delivered to believers in different religious groups. While recognizing that this is a significant challenge in regulating the FBOs, I reiterate that religious teachings and spiritual messages should emphasize the love of God and the love of the neighbors instead of malpractices by some religious groups, leaders, and preachers, especially the abuse of the meaning and value of sacrifices and the “tenth,” revelation, miracles, and the issue of night prayers in the prayer houses.
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