1. ACLARS 2015 NEUTRAL PRINCIPLES AND THE CRIMINAL PROSECUTION OF RELIGIOUS LEADERS IN AFRICAN STATES ES NWAUCHE

2. RELIGION AND CRIME IN AFRICAN STATES Religion as part of the Cultural Defence – Religious beliefs and the mental state of accused persons The proscription/prohibition of witchcraft cults Use of imprisonment/fines to further state objectives – Registration/recognition ofreligious organisations – Zoning/proselytisation/conversion restrictions In many Islamic societies

3. REALITIES IN AFRICAN STATES Inappropriate recognition of religious belies/actions as credible defenses to criminal action Inadequate prosecution of religious leaders/establishment for crimes. CONTRADICTORYORRELATED?

4. NEUTRAL PRINCIPLES-THE INTERFACE OF RELIGION AND CRIME NEUTRAL IN INTENDMENT NEUTRAL IN EFFECT

5. APPOPRIATE CONTEXT FOR NEUTRAL PRINCIPLES A crime should reflect a compelling governmental interest – All criminal Legislation raise a presumption of compelling governmental interest – Protection of life, liberty, property/other human rights Acrimeshould not substantially burden a citizen in the exercise of his right to religion Acrime should reflect the least restrictive means by which the State should achieve its objectives. – State supervision as an alternative is always problematic

6. INTERVENING VARIABLES WHAT IS RELIGIOUS? THEOCRATIC/DEFACTO RELIGIOUS STATES BILL OF RIGHTS NATURE OFTHEAFRICAN STATE

7. CONCLUSION Towards a credible framework for recognising the exercise of the right to freedom of religion in African States