Pastor Joseph Serwadda
Working with the government while preserving the independence of religious entities requires a delicate balance. It's important that both entities establish a relationship based on mutual respect, where both parties understand the need for collaboration without overstepping each other’s boundaries. There are several gaps and unattended issues in the religious and faith-based organisation (RFBO) policy which need immediate attention before any further action is taken.
The principle of the separation of church and state is fundamental to ensuring that religious entities operate independently of government control and/or religious meddling. With this principle, the government, in turn, refrains from endorsing or favoring any particular religion and allows all those registered to live a free life.
The RFBO policy, in apparent error, invites the religious organisations to be “involved and to meddle in political matters”.
In many countries, religious organizations are granted exemptions from certain regulatory requirements, including annual registrations, annual returns and reports, based on their status as religious institutions. If we benchmark on Kenya, our neighbours who have a Society’s Act, we would not need to draw swords over anything.
Registering religious institutions under a correct system holds numerous advantages. It grants legal recognition, enabling the institutions to enter into contracts, own property, and carry out their operations without legal hindrances. Moreover, it instills confidence in members and potential donors, as they can verify the institution’s legitimacy and adherence to regulatory guidelines. In our proposed solutions, the creation of a direct registration of religious institutions (such as those currently under the IRCU), governed by an edict akin to the Kenya Religious Societies Act, easily solves the problem. Proper registration would afford the traditional and current religious groups their autonomy, give them minimum disturbance and provide for a steady flow of data of any new organisations as may be deemed fit.
The RFBO policy laments that there are three or more methods of registration in Uganda, (Companies, NGOs & Trusteeships). So by the policy asking to re-register these same entities, the State will only have intensified their confusion, yet the option to create a Uganda Religious Societies Act (URSA) for Religious Entities, is a clean one and yours for the taking!
Apart from exemptions that recognise the unique role that religious organisations play in society, there is also need for autonomy in governance and operations. Government cannot be seen regulating, controlling or directing a religious organisation.
When a religious organisation is accorded and enjoys self-regulation, it fosters a culture of accountability within its leadership and membership. Self-regulation empowers religious organisations to address and resolve conflicts internally before they escalate.
The proposed RFBO Policy seeks to oversee the spiritual activities of the religious establishments!
Religious organisations often have deep ties to local communities and can effectively mobilise resources and volunteers. By partnering with these organizations, the State can extend its reach and deliver services more efficiently, while religious bodies gain support and legitimacy for their charitable activities. Government can engage religious leaders in promoting ethical governance and social harmony.
There is no legal framework for the express protection of religious freedoms and autonomy in this country. These laws which often include clauses that limit government interference in religious matters are absent in Uganda. For example, the Religious Freedom Restoration Act (RFRA) in the United States ensures that government actions that substantially burden a person’s exercise of religion must be justified by a compelling government interest and must be the least restrictive means of achieving that interest.
Apostle Dr Joseph Serwadda presiding apostle – Born Again Faith in Uganda. Co-chair, Council Of Presidents IRCU
