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Using examples of ritual slaughter recognized by different religions in Africa, this paper examines the regulated and unregulated exercise of the right to ritual slaughter as a manifestation of the right to freedom of religion in three constitutional traditions in Africa.
This article commences with an evaluation of the existence of the right to ritual slaughter either as a freestanding right or a derivative right from the right to freedom of religion in the bills of rights of African constitutions. The article argues that the ritual slaughter at this stage of constitutional development in Africa is at best a derivative right partly anchored on the communal dimensions of the right to freedom of religion. The article closely examines the bearers and content of the right to ritual slaughter through a brief overview of the practices of ritual slaughter recognized by African traditional religion and Islam. In addition, the syncretic nature of religious practice in Africa identified as the multiple or concurrent witness to different faiths is also considered to provide a realistic account of ritual slaughter in Africa.
Since the right to ritual slaughter is identified as a derivative right from the right to freedom of religion, the article examines different constitutional traditions in Africa to determine how religion is conceived in constitutional governance that in turn affects the feasibility of the right to ritual slaughter within constitutional designs and capacity of other public interests such as animal welfare to limit the exercise of the right to ritual slaughter.
Three constitutional designs of the role of religion in constitutional governance are identified in this regard. The article concludes on a number of points, including the recognition of the importance of the articulation of the human rights that underpin animal welfare concerns and the fact that a regulated right to ritual slaughter appears feasible in a number of African countries.
Historians are held hostage by the sources that are available to them, and for that reason, the historiography of medieval towns is dominated by research on thirteenth-, fourteenth- or fifteenth-century case-studies. In preceding centuries, literacy was largely the monopoly of ecclesiastical milieus, who were often hostile or simply not interested in describing the urban settlements which then emerged all over Europe. An interesting exception, however, is the Breton town of Redon, which took shape around an abbey that was established in 832 with support of the Carolingian Emperor Louis the Pious. By navigating the unusually extensive set of Carolingian cartularies of this abbey, as well as the available cartographic and archaeological evidence, Julien Bachelier has developed an incisive sketch of the development of a town in the shadow of the Carolingian abbey in the eleventh and twelfth centuries (‘Une ville abbatiale bretonne. Redon du IXe au XIVe siècle’, Histoire Urbaine, 48 (2017), 133–54). This case-study confirms once again that the urbanization of medieval Europe was more than a side-effect of the rebirth of long-distance trade as the canonical Pirenne thesis would have it. The Redon case provides a valuable contribution to the revisionist perspective that stresses the importance of local demand from abbeys, episcopal palaces and castles as a stimulus for urban development (see esp. the seminal work of A. Verhulst, The Rise of Cities in North-West Europe (Cambridge, 1999)).
The practice of obeah, a term used to refer to a variety of African derived spiritual practices, remains proscribed in at least fourteen countries or territories in the Anglophone Caribbean today. This article examines the historical development of these laws and the significance of the continued prohibition of obeah. Although obeah laws were initially modeled on British statutes banning vagrancy and witchcraft, and were passed during a period when it was common for nations in the Western Hemisphere to prohibit the practice of African diaspora faiths, these statutes stand in stark contrast to the religious freedoms guaranteed in other parts of the Atlantic world in the twenty-first century. Obeah laws proscribe the mere performance of certain spiritual rituals, while other countries modified their policies in the mid-twentieth century to require evidence of intentional fraud and financial gain to convict occult practitioners. This article links the continued proscription of obeah to nineteenth century assertions that African peoples were animists and fetishists, as well as to long-standing hierarchies in the Western world placing theistic religions above those centered on spirit conjuring, divination, and the manipulation of supernatural forces.