Despite the right to freedom of religion or belief, including its manifestation individually and/or collectively and the right of ethnic, religious, and linguistic groups to enjoy their culture, the global campaign against the religio-cultural ritual of female circumcision as a rite of passage in Africa has reconfigured the moral basis of international law as well as the tension between religious freedom and women’s rights. What do we think should be done when the exercise of the rituals of female circumcision, which is central to the tenets and the belief system of ATR (one of the world religion), entails the transgression of fundamental rights?
Female genital mutilation should be abolished, and religion has nothing to do with this issue
It is obvious that the struggle for religious liberty has been ongoing for centuries, and has led to innumerable, tragic conflicts in many societies. In the light of this development, the twentieth century had seen the codification of common values related to freedom of religion and belief, though the struggle has remained unabated. For instance, if religion in Africa, is a fundamental part of human dignity, identity, community spirit and self-expression premised on a prescribed liturgy. Then the dynamics of female circumcision in Africa clearly depicts a ubiquitous absence of due diligence in the obligation of establishing a balance between upholding religious beliefs and promoting human rights. Admittedly, for many adherents, belonging to a religion connotes the deepest part of who they are, as it is far more than a mere lifestyle choice. Therefore, to violate a person’s religious freedom or require one to act against his/her religious beliefs or practices violates the very core of that person’s being. But it is pertinent to note that the very concept of human rights is challenged by mainstream ideologies such as religious beliefs and traditional cultures. Unlike the failure to enforce human rights, these ideologies threaten the very paradigm which lies at the heart of human rights. Apparently, at present, there is a confrontational stance to human rights of females in many African societies, variously opposing the civil rights of women, by not accepting the norms of equality and freedom of conscience or expression. This is mostly where there is a conflict with the norms, customs or sensitivities of African Traditional Religion. It is, therefore, imperative to create a balance between promoting human rights and preserving the religious practice of female circumcision. Of course, this balance between human rights and religious beliefs cannot be achieved through the formulation of laws restricting the practice of female circumcision but to strive to understand how promotion and protection can be accorded to both the religious beliefs and human rights of the people.
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