Hostname: page-component-cd9895bd7-gvvz8 Total loading time: 0 Render date: 2024-12-25T02:00:43.223Z Has data issue: false hasContentIssue false
  • English
  • Français

Introducing Religious Reparations: Repairing the Perceptions of African Religions Through Expansions In Education

Published online by Cambridge University Press:  24 April 2015

Danielle Boaz
Get access Rights & Permissions [Opens in a new window]

Extract

Western bookstores today are full of small boxes that advertise “Voodoo Revenge Kit” on the front. Their short descriptions encourage anyone who wishes to harm a cheating lover and curse a difficult boss to buy this product. Companies now sell t-shirts, mugs, buttons and key chains with “voodoo dolls,” and bound figures with needles through the heart. Novels, newspapers, and movies have, for over a century, produced representations of human sacrifice, cannibalism and devil worship as rituals central to the practice Obeah, Vodou and Santeria. U.S. televangelist Pat Robertson even remarked that the catastrophic earthquake in Haiti on January 12, 2010, was God's retribution on Haitians for practicing voodoo and making a “pact with the devil.” Remarkably, few people recognize that these depictions are, to a large degree, linked to slavery and racism, which continue to leave their stain on the past and present laws of American and Caribbean nations.

Type
Articles
Information
Journal of Law and Religion , Volume 26 , Issue 1 , 2010 , pp. 213 - 248
Copyright
Copyright © Center for the Study of Law and Religion at Emory University 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1. For example, Borders sells a product called “The Voodoo Kit” http://www.borders.com/online/store/TitleDetail?sku=076240051X (last visited Mar. 13, 2010).

2. See, e.g., Voodoo Doll Gifts, Zazzle, http://www.zazzle.com/voodoo+doll+gifts (last visited March 13, 2010)Google Scholar; Voodoo Kit, Office Playground, http.//www.officeplayground.com/Voodoo-Kit-P145.aspx (last visited March 13, 2010)Google Scholar.

3. See infra notes 106-13 and accompanying text.

4. Freedman, Samuel, Myths Obscure Voodoo, Source of Comfort in Haiti, N.Y. Times, 02 20, 2010, at A14, available at http://www.nytimes.com/2010/02/20/world/americas/20religion.htmlGoogle Scholar.

5. The first enslaved Africans arrived in the Americas around the turn of the 16th century. Brazil was the last American nation to abolish slavery in 1888. For a full timeline of the Trans-Atlantic Slave Trade, see Timeline, Freedom: A K83 History Resource About Britain and the Transatlantic Slave Trade, http://www.nmm.ac.uk/freedom/viewTheme.cfm/theme/timeline (last visited May 27, 2010)Google Scholar.

6. The number of slaves imported to the Western hemisphere varies greatly depending on the historian doing the calculations. The Transatlantic Slave Trade Database estimates over 12 million slaves were forced into the Middle Passage and nearly 11 million arrived in the Western Hemisphere. Transatlantic Slave Trade Database, Assessing the Slave Trade, Voyages: The Trans-Atlantic Slave Trade Database, http://www.slavevoyages.org/tast/assessment/index.faces (last visited May 27, 2010)Google Scholar.

7. Brazil was the last American country to abolish slavery. Abolition occurred in 1888. See supra note 5.

8. For example, “Jim Crow” laws in the United States prohibited African Americans from voting, through poll taxes and literacy tests. Though the 15th Amendment to the United States Constitution, ratified in 1870, prevented a State from withholding the right to vote from African Americans based on color, race or previous servitude, many States found ways to circumvent the 15th Amendment. Poll taxes were enacted in the South with a “grandfather clause” that created an exception in which individuals whose grandfather had voted prior to the passage of the 15th amendment did not have to pay the tax. Therefore poll taxes applied mostly to African Americans, who could not vote prior to this time. Additionally, literacy tests were established as prerequisites to voting in some states. These tests were also intended to prevent African Americans from voting and were largely effective at this task as most African Americans were prohibited from learning to read and write during slavery by their masters or by the State. See Lynch, Hollis R., Americans of African Ancestry, Int'l World History Project, http://history-world.org/black_codes.htm (last visited 05 27, 2010)Google Scholar; The American Black Codes 1865-1866, http://home.gwu.edu/~jjhawkin/BlackCodes/BlackCodes.htm (last visited May 27, 2010) (containing a link to black codes in ten Southern states); Examples of Jim Crow Laws, Race, Racism and the Law, http://academic.udayton.edu/race/02rights/jcrow02.htm (last updated 03 10, 2010)Google Scholar (listing various “Jim Crow” laws between the 1880s and 1960s).

9. See, e.g., Raymond Winbush, Should America Pay? Slavery and the Raging Debate on Reparations (Harper Paperbacks 2003).

10. Some famous African American activists and writers such as Marcus Garvey and W.E.B. Dubois have promoted the reconnection with African culture and return to the African continent. See generally Mboukou, Alexandre, The Pan African Movement, 1900-1945: A Study in Leadership Conflicts Among the Disciples of Pan Africanism, 13 J. Black Studies 275 (1983)CrossRefGoogle Scholar. Yet, their clamoring for this type of social and cultural equality has been ignored in the development of policy regarding racial equality. For example, while desegregation of schools and affirmative action in college admissions have been recognized as necessary to rectifying the conditions wrought by slavery, little or no attention has been paid to ensuring that the materials taught in those schools equally addressed the contribution of all races and cultures to history, technology and other development.

11. The effects of these misconceptions stand in opposition to freedom of religion, as defined by the International Covenant on Civil and Political Rights (ICCPR). Brazil, Haiti, Jamaica, Trinidad and Tobago, and the United States of America have all ratified the ICCPR and are therefore obligated to define freedom of religion as, at a minimum, containing the components listed in the ICCPR. The ICCPR states that freedom of religion includes “freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.” International Covenant on Civil and Political Rights art. 18, Dec. 16, 1966, 999 U.N.T.S. 171. The rights contained in the ICCPR are traditionally viewed as negative rights, or rights which only require non-interference from the state. However, the purpose of this article is to examine whether non-interference is sufficient to guarantee the right to freedom of religion. Rosas, Allan & Schenin, Martin, Categories and Beneficiaries of Human Rights, in An Introduction to the International Protection of Human Rights 49–53 (Hanski, Raija & Suksi, Markku eds., Turku 2000)Google Scholar.

12. This concept of “religious reparations” is one that I first introduced in a speech I presented at the Twelfth Annual Latcrit Conference in Miami, Florida (2007), reprinted in 20 St.Thomas L. Rev. 604 (2008)Google Scholar. This work will expand, reinforce and develop the ideas briefly touched upon therein.

13. As will become clear, many different countries were involved in this persecution and a detailed examination of each country's particular history in this regard is beyond the scope of this paper.

14. Roger Pinckney, Blue Roots: African-American Folk Magic of the Gullah People 22 (2d ed., Sandlapper Publg Co. 2003)Google Scholar. For example, a Catholic priest, Father Dutertre, wrote that “their servitude is the principle of their happiness and their misfortune the cause of their salvation.” Hurbon, Laennec, Voodoo, : Search for the Spirit 23 (Frankel, Lory trans., Harry N. Abrams 1995)Google Scholar.

15. Blackburn, Robin, The Old World Background to European Colonial Slavery, 54 William & Mary Q. 65, 92–93 (1997)Google Scholar.

16. Hurbon, supra note 14, at 23.

17. Houk, James T., Spirits, Blood, and Drums: The Orisha Religion in Trinidad 68 (Temple Univ. Press 1995)Google Scholar.

18. The Code Noir was a decree passed by King Louis XIV in 1689. It determined the status of slaves in French society and delineated the rules that governed the daily lives of slaves. The ability of slaves to marry, the religious instruction of slaves, rules for their purchase and liberation were some of the items included in this document. The text of the Code Noir is available at http://chnm.gmu.edu/revolution/d/335/.

19. Articles 2 and 6 of the Code Noir create these requirements. Desmangles, Leslie G., The Faces of the Gods: Voodoo and Roman Catholicism in Haiti 23 (Univ. N.c. Press 1992)Google Scholar.

20. The slave code of 1789 stated “all owners of slaves, of whatever class and condition that they are, must instruct them in the principles of the Catholic religion and in the true necessities in order that they be baptized within one year of their residence in my dominions.” Murphy, Joseph M., Santeria, : African Spirits in America 27 (Beacon Press 1993)Google Scholar.

21. Klein, Herbert S., Slavery in the Americas: A Comparative Study of Virginia and Cuba 90–91 (Univ. Chi. Press 1967)Google Scholar.

22. Hurbon, supra note 14, at 39-40.

23. Desmangles, supra note 19, at 25.

24. Rigaud, Milo, Secrets of Voodoo 13 (Cross, Robert B. trans., City Lights 1985)Google Scholar.

25. Smandych, Russell, “To Soften the Extreme Rigor of Their Bondage”: James Stephen's Attempt to Reform the Criminal Slave Laws of the West Indies, 18]3-1833, 23 Law & Hist. Rev. 537, 559 (2005)CrossRefGoogle Scholar.

26. Johnson, Paul Christopher, Law, Religion and “Public Health” in the Republic of Brazil, 26 Law & Soc. Inquiry 9, 13 (2001)CrossRefGoogle Scholar.

27. “Eleven of the women were quickly released, as they were needed to do the laundry for their masters. The rest stood trial, during which a drum and the ‘vile instruments of their diabolical toys’ were destroyed in the presence of all in a demonstration of civic power.” (citation omitted). Id. at 14.

28. Houk, supra note 17, at 70. However, this prohibition, unlike many others such as the anti-drumming ordinances in Haiti and Brazil mentioned herein, actually was passed in post-emancipation Trinidad.

29. Desmangles, supra note 19, at 26.

30. Haskins, Jim, Voodoo & Hoodoo: Their Tradition and Craft as Revealed by Actual Practitioners 35 (Stein & Day 1978)Google Scholar.

31. Swift, Donald C., Religion and the American Experience: A Social and Cultural History 32 (M.E. Sharpe 1998)Google Scholar.

32. Haskins, supra note 30, at 57.

33 . Id.

34. Id. 47.

35. Desmangles, supra note 19, at 34. Whether the ceremony of Bois Caiman actually occurred is highly disputed. However, it has been recognized in Haiti for centuries as the commencement of the revolution and celebrated as the beginning of Haitian liberation. Geggus, David Patrick, Haitian Revolutionary Studies 81–92 (Ind. Univ. Press 2002)Google Scholar.

36. Hurbon, supra note 14, at 43.

37. Id. at 43, 46.

38. Laguerre, Michel, Voodoo and Politics in Haiti 65 (St. Martin's Press 1989)CrossRefGoogle Scholar.

39. Renny, Robert, A History of Jamaica with Observations on the Climate, Scenery, Trade, Productions, Negroes, Slave Trade, Diseases of Europeans, Customs, Manners, and Dispositions of the Inhabitants 265–66 (J. Cawthorn 1807)Google Scholar.

40. Id.

41. Id.

42. Id.; see also Williams, Joseph, Voodoos and Obeahs; Phases of West India Witchcraft 160–61 (Dial Press 1932)Google Scholar.

43. Hurbon, supra note 14, at 51, 118.

44. Id. at 57.

45. Merrill, John, Vodou and Political Reform in Haiti: Some Lessons for the International Community, Fletcher Forum World Aff., WinterSpring 1996, at 31, 46Google Scholar.

46. Hurbon, supra note 14, at 57.

47. Fuente, Alejandro De La, A Nation for All: Race, Inequality, and Politics in Twentieth-Century Cuba 50 (Univ. N.C. Press 2001)Google Scholar; Murphy, supra note 30, at 34.

48. Wedel, Johan, Santeria Healing: A Journey into the Afro-Cuban World of Divinities, Spirits, and Sorcery 31 (Univ. Press Fla. 2004)Google Scholar.

49. Id. 32.

50 . De La Fuente, supra note 47, at 51.

51. Wedel, supra note 48, at 33.

52. De La Fuente, supra note 47, at 293.

53. Public health was a justification used to prevent the practice of African religions because they utilized medicine or magic to remedy illnesses that were not recognized by doctors at the time. Johnson, supra note 26, at 18-19. See also Reynolds, Frank E., Symposium Introduction: Law, Religion, and Identity, 26 L. & Soc Inquiry 1, 2 (2001)Google Scholar.

54. Johnson, supra note 26, at 30.

55. Paton, Diana, Obeah Acts: Producing and Policing the Boundaries of Religion in the Caribbean, 28 Small Axe 1, 17–18 (2009)Google Scholar.

56. Trindad and Tobago Parliament, House of Representatives Meeting Notes 4-5 (Oct. 11, 2000), http://www.ttparliament.org/hansards/hh20001011.pdf. See also Human Rights Committee, Third and Fourth periodic reports of States parties due in 1990 and 1995 respectively: Trinidad and Tobago ¶ 238, U.N. Doc. CCPR/C/TTO/99/3 (Feb. 22, 2000).

57. The Obeah Act can be downloaded from the Jamaica government website, http://www.moj.gov.jm/law (search for “Obeah”). Additionally, electronic communication between the author and the government of Jamaica through the contact address provided on the Jamaican government's website also confirmed that the Obeah Act is current and unedited. (May 13, 2008) (on file with author).

58. A comprehensive examination of the modern atmosphere of these States is beyond the scope of this research and unnecessary for purposes of identifying the limitations on freedom of religion at hand.

59. Freedom of Religion and Belief: A World Report 97 (Boyle, Kevin & Sheen, Juliet eds., Routledge 1997)CrossRefGoogle Scholar.

60. Id.

61. U.N. ESCOR, Implementation of the International Covenant on Economic, Social, and Cultural Rights: Initial reports submitted by States parties under articles 16 and 17 of the Covenant: Addendum: Brazil, ¶ 33, U.N. Doc. E/1990/5/Add.53 (Nov. 20, 2001).

62. Id. at ¶ 810.

63. See Palmares Cultural Foundation, http://www.palmares.gov.br/005/00502001.jsp?ttCD_CHAVE=67.

64. U.N. Comm. on the Elimination of Racial Discrimination, Reports Submitted by States Parties Under Article 9 of the Convention: Seventeenth periodic reports of States parties due in 2002: Addendum: Brazil, ¶ 49(c), U.N. Doc. CERD/C/43 l/Add.8 (Oct. 16, 2003).

65. Freedom of Religion and Belief, supra note 59, at 99.

66. Id.

67. Migene Gonzalez Wippler, Santeria: The Religion 252 (Harmony 1989)Google Scholar.

68. Freedom of Religion and Belief, supra note 59, at 99.

69. U.N. ESCOR, Concluding Observations of the Committee on Economic, Social and Cultural Rights: Brazil, ¶ 20, U.N. Doc. E/C.12/1/Add.87 (May 23, 2003).

70. Id. at ¶ 44.

71. Margarite Fernandez Olmos & Lizabeth Paravtsini-Gebert, Creole Religions of the Caribbean: An Introduction from Vodou and Santeria to Obeah and Espiritismo 104–05 (N.Y. Univ. Press 2003)Google Scholar.

72. Id.

73. Jenkins, Karen, Traumatized Societies: Social Cubism and the Predatory State of Haiti, 8 Ilsa J. Int'l & Comp. L. 901, 918 (2002)Google Scholar; Bureau of Democracy, Human Rights, and Labor, U.S. Dept. of State, International Religious Freedom Report 2006: Haiti (2006), available at http://www.state.gov/g/drl/rls/irf/2006/71464.htm [hereinafter International Religious Freedom Report 2006: Haiti].

74. International Religious Freedom Report 2006: Haiti, supra note 73.

75. Id.

76. Trindad and Tobago Parliament, supra note 56, at 24-25.

77. Id. at 25.

78. Id. The Obeah law, though enacted in all British colonies to apply to what the British generally thought of as Ashanti religious practices brought to the New World by slaves, was also applied to Orisha worshipers in Trinidad. Bridget Brereton, Race Relations in Colonial Trinidad 1870-1900, at 155-56 (1979).

79. Id.

80. U.N. Comm. on the Elimination of Racial Discrimination, Reports Submitted by States Parties Under Article 9 of the Convention: Fourteenth periodic reports of States parties due in 1999: Addendum: Trinidad and Tobago, ¶ 114, U.N. Doc CERD/C/382/Add.1 (Nov. 15, 2000). See also Bureau of Democracy, Human Rights, and Labor, U.S. Dept. of State, International Religious Freedom Report 2006: Trinidad and Tobago (2006), available at http://www.state.gov/g/drl/rls/irf/2006/71476.htm [hereinafter International Religious Freedom Report 2006: Trinidad and Tobago].

81. Henry, Frances, Reclaiming African Religions in Trinidad: The Socio-Politicial Legitimation of the Orisha and Spiritual Baptist Faiths 50 (Univ. W. Indies Press 2003)Google Scholar. Efforts to legitimize African religions in Trinidad and Tobago have been only recently implemented. As mentioned above, African-based faiths, such as the Orisha traditions, were outlawed until the year 2000. Since then, the followers of this faith have been struggling to achieve the same recognition that other faiths have been granted since the colonization of this area, such as public holidays and the right to marry according to African traditions. Id.

82. Freedom of Religion and Belief, supra note 59, at 151.

83. International Religious Freedom Report 2006: Trinidad and Tobago, supra note 80.

84. Freedom of Religion and Belief, supra note 59, at 151.

85. Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993).

86. Fausset, Richard, Religious Freedom Won't be Sacrificed, L.A. Times, 08 11, 2008, available at http://articles.latimes.com/2008/aug/11/nation/na-santeria11Google Scholar; Lush, Tamara, Death in the City Beautiful, Miami N. Times, 07 11, 2007, available at http://www.miaminewtimes.com/2007-07-12/news/death-in-the-city-beautiful/lGoogle Scholar.

87. Wedel, supra note 48, at 174.

88. Bureau of Democracy, Human Rights, and Labor, U.S. Dept. of State, International Religious Freedom Report 2006: Cuba (2006), available at http://www.state.gov/g/drl/rls/irf/2006/71456.htm [hereinafter International Religious Freedom Report 2006: Cuba].

89. Freedom of Religon and Belief, supra note 59, at 125.

90. Id.

91. International Religious Freedom Report 2006: Cuba, supra note 88.

92. Id.

93. Freedom of Religion and Belief, supra note 59, at 125.

94. International Religious Freedom Report 2006: Cuba, supra note 88.

95. Jamaican Constitution, ch. III (21).

96. Obeah Act, supra note 57. Confirmation that the Obeah Act is current and unedited can be found in electronic communication between the author and the government of Jamaica through the contact address provided on the Jamaican government's website (May 13, 2008) (on file with author).

97. Paton, Diana, Punishment, Crime, and the Bodies of Slaves in Eighteenth-Century Jamaica, 34 J. Soc. Hist. 923, 932 (Summer 2001)Google ScholarPubMed.

98. 4 Arrested for Theft of Tyres, The Gleaner 3 (08 14, 1991)Google Scholar.

99. Pragg, Sam, Away with Obeah Laws Say Rastafarians, Interpress Service, 01 20, 1999, available at http://www.hartford-hwp.com/archives/43/165.htmlGoogle Scholar.

100. Chapter 84, Penal Code, Book 1, Title 1, § 4, available at http://laws.bahamas.gov.bs/statutes/statute_CHAPTER_84.html#Ch84s232 (2006, last updated Jan. 17, 2007).

101. Id., §§ 232 & 234, respectively.

102. Id., § 4.

103. See Id.; Obeah Act, supra note 57.

104. Bahamas Penal Code, supra note 100; Obeah Act, supra note 57.

105. ICCPR General Comment 22 (Forty-eighth session, 1993): Article 18(6): The Right to Freedom of Thought, Conscience and Religion, ¶¶4, 5, U.N. Doc. A/48/40 vol. 1, 208 (1993).

106. Tales of Voodoo (Videoasia 2007)Google Scholar (5 DVD series, released from 2005-present) Zombie Nation (Working Poor Productions 2006)Google Scholar; Santeria: The Soul Possessed (Lions Gate Films 2006)Google Scholar; The Skeleton Key (Universal Pictures 2005)Google Scholar; London Voodoo (Zen Films 2004)Google Scholar; Voodoo Dawn (Bridge Pictures 2000)Google Scholar; Voodoo Academy (2000); Tales from the Hood (40 Acres & A Mule Filmworks 1995)Google Scholar; Voodoo (Planet Productions 1995)Google Scholar; Serpent and the Rainbow (Serpent & the Rainbow 1988)Google Scholar; Angel Heart (Carolco Int'l NV 1987); Curse of the Voodoo (Futurama Entertainment Corp. 1965)Google Scholar; I Walked with a Zombie (RKO Radio Pictures 1943)Google Scholar; White Zombie (Edward Halperin Productions 1932)Google Scholar.

107. CSI Miami: Curse of the Coffin (CBS television broadcast 10 2006)Google Scholar.

108. Id.

109. Huntley, Kristine, CSI: Miami, Curse of the Coffin Episode Review, CSI Files, 10 25, 2006, http://www.csifiles.com/reviews/miami/curse_of_the_coffin.shtmlGoogle Scholar.

110. Bones: The Man in the Morgue (FOX television broadcast 04 19, 2006)Google Scholar.

111. Id.

112. Princess and the Frog (Disney 2009)Google Scholar.

113. Id. Though a kind Voodoo woman helps the main characters by telling them how to remove the curse placed on them by the “Shadow man,” this woman is blind, toothless, and arguably a bit senile, and she lives far away from civilization with a snake whom she tongue kisses in greeting. Additionally this woman only appears in the film for approximately five minutes out of ninety-eight.

114. U.N. Educational, Scientific, & Cultural Org. (UNESCO), Intangible Heritage, http://www.unesco.org/culture/ich/index.php?lg=en&pg=00001 (last visited Oct. 27, 2010).

115. Id.

116. Ifa Divination System in Nigeria, http://www.unesco.org/culture/ich/index.php?1g=en&pg=00011, (follow the “Nigeria: The Ifa Divination System” hyperlink) (last visited July 19, 2010).

117. Id.

118. La Samba de Roda du Reconcavo de Bahia, http://vww.unesco.org/culrure/ich/index.php?lg=en&pg=00011, (follow the “Brazil: The Samba de Roda of the Recôncavo of Bahia” hyperlink) (last visited July 19, 2010).

119. Id.

120. Id.

121. La Tumba Francesa, Music of the Oriente Brotherhood, http://www.unesco.org/culture/ich/index.php?lg=en&pg=00011, (follow the “Cuba: La Tumba Francesa” hyperlink) (last visited July 19, 2010).

122. Id.

123. The Cultural Space of the Brotherhood of the Holy Spirit of the Congos of Villa Mella, http://www.unesco.org/culture/ich/index.php?lg=en&pg=00011, (follow the “Dominican Republic: The Cultural Space of the Brotherhood of the Holy Spirit of the Congos of Villa Mella” hyperlink) (last visited July 19, 2010).

124. Id.

125. Id. Follow the “Safeguarding Project” hyperlink.

126. These goals come from the value categories utilized in policy oriented jurisprudence to develop recommendations that maximize “access for all to all the values humans desire.” Siegfried Wiessner & Willard, Andrew R., Policy-Oriented Jurisprudence, in Reisman, Michaelet al., International Law in Contemporary Perspective 29-30, 32 (Foundation Press 2004)Google Scholar.

127. The power that we are speaking of within this context is the ability to affect societal decisions and generally possess influence within the community and the government. Id. at 30. As a minority within many American nations, African Americans rely on the majority population's perception of them and their beliefs to determine their influence. In this instance, it is important to alter the perception of the majority population concerning African-based traditions because if African Americans are negatively impacted by misconceptions about African religions, the role of African Americans in decision making functions could be invalidated by common stereotypes.

128. Rectitude is the ability to “formulate and apply standards of responsibility, and justify and celebrate these norms in religious, metaphysical or ethical terms.” Id. To enjoy rectitude, African Americans should be able to establish places of worship, discuss their religion publicly and share their religion with other people.

129. Respect is something that we are speaking of in a collective, not individual, context. It is recognition of the validity of the choices that people make and the ability to freely make those choices. Id. In particular, African Americans need respect for their decision to explore their heritage and the choice of African American religious practitioners to continue their traditions.

130. For example, see Dogru v. Fr., Eur. Ct. H.R. 8 (2009); Şahin v. Turk., 41 Eur. Ct. H.R. 8 (2005).

131. For in depth discussions of the virtues and drawbacks of secularism, see recent works like: Sural, Nurhan, Islamic Outfits in the Workplace in Turkey, A Muslim Majority Country, 30 Comp. Lab. L. & Pol'y J. 569 (2009)Google Scholar; Haarscher, Guy, Religious Revival and Psuedo-Secularism, 30 Cardozo L. Rev. 2799 (2009)Google Scholar; Ladeur, Karl-Heinz, The Myth of the Neutral State and the Individualization of Religion: The Relationship Between State and Religion in the Face of Fundamentalism, 30 Cardozo L. Rev. 2445 (2009)Google Scholar; Guiora, Amos N., Religious Extremism: A Fundamental Danger, 50 S. Tex. L. Rev. 743 (2009)Google Scholar; The Future of Secularism (Srinivasan, T.N. ed., Oxford Univ. Press 2009)Google Scholar; French Law on Secularity and Conspicuous Religious Symbols in Schools: Secularism, Education in France (Miller, Frederic P., Vandome, Agnes F. & McBrewster, John eds., Alphascript 2009)Google Scholar; Scott, Joan Wallach, The Politics of the Veil (Princeton Univ. Press 2007)Google Scholar; Kuru, Ahmet T., Secularism and State Policies Toward Religion: The United States, France, and Turkey (Cambridge Univ. Press 2009)CrossRefGoogle Scholar.

132. Veit Bader, Secularism or Democracy? Associational Governance of Religious Diversity 134 (Amsterdam Univ. Press 2007)Google Scholar.

133. Id.

134. For example, see Murphy v. Ir., 38 Eur. Ct. H.R. 13 (2003); Şahin v. Turk., 41 Eur. Ct. H.R. 8 (2005).

135. For a detailed history of the development of the concept of secularism, see Modak-Truran, Mark, Beyond Theocracy and Secularism (Part I): Toward a New Paradigm for Law and Religion, 27 Miss. C. L. Rev. 159 (2007)Google Scholar.

136. Freedom of Religion and Belief, supra note 59, at 99, 151; For Christian schools, see Christian Schools International, http://www.csionline.org/schools (last visited May 26, 2010): (follow “School Directory” hyperlink; then in Search School Directory, use the down arrow by country to see Christian schools in various countries like Haiti, the Bahamas, the Dominican Republic and the United States). For information about worldwide Jewish schools, see http://www.ort.org/asp/article.asp?id=335 (last visited Oct. 17, 2010).

137. Rogers, Ben, William E. B. DuBois, Marcus Garvey, and Pan-Africa, 40 J. Negro Hist., 154, 159–61 (1955)Google Scholar (describing Garvey's Back to Africa movement). However, smaller segregated communities seeking to reconnect with African culture have been established in more recent American history such as Oyotunji African Village, in Sheldon South Carolina, established in 1970. See The Official Website of Oyotunji African Village, http://www.oyotunjiafricanvillage.org/?id=1 (last visited May 26, 2010).

138. U.N. ESCOR, Hum. Rts. Comm., Report of the Special Rapporteur on the Right to Education, Mission to the United Kingdom (Northern Ireland), ¶ 33, U.N. Doc. E/CN.4/2003/9/Add.2 (Feb. 5, 2003).

139. Id. at ¶ 44-46.

140. U.N. ESCOR, Hum. Rts. Comm., Report of the Special Rapporteur on the Right to Education, ¶ 28, U.N. Doc. E/CN.4/2003/9 (Jan. 21, 2003). The UNESCO report also acknowledged that this state is not the ideal structure of education, but stated that it is difficult to reconcile the goal of diversity with the reality of assimilation. Usually, it is not the nation itself that is adapting to the diverse members of its society, but rather the immigrants, minorities and indigenous persons that are adapting to the nation. This adaptation means the loss of identity, including language and dress, for the affected individuals. Office of the U.N. High Comm'r for Hum. Rts., Dimensions of Racism. Proceedings of a Workshop to Commemorate the End of the United Nations Third Decade to Combat Racism and Racial Discrimination 47-48, U.N. Doc. HR/PUB/05/4 (2005), available at http://www.unhcr.org/refworld/docid/46cea5af2.html (last visited Mar. 6, 2010).

141. Report of the Special Rapporteur on the Right to Education, supra note 140, at ¶ 28.

142. ICCPR, supra note 11, at ¶ 6.

143. U.N. CESCR General Comment 13 (Twenty-first session, 1999): Article 13: The Right to Education, ¶ 28, U.N. Doc. E/2000/22 (1999).

144. U.N. CCPR, Report of the Human Rights Committee, ¶ 158, U.N. Doc. A/49/40 vol. I (1994).

145. Id. at ¶ 162.

146. U.N. CRC, Italy: Concluding Observations, ¶ 30, U.N. Doc. CRC/C/15/Add. 198 (2003).

147. U.N. CCPR, Concluding Observations of the Human Rights Committee: Greece, ¶ 14(b), U.N. Doc. CCPR/CO/83/GRC (2005).

148. Id.

149. U.N. GAOR, Report of the Committee on the Elimination of Racial Discrimination, ¶¶ 407, 420, U.N. Doc. A/51/18 (1996).

150. U.N. ESCOR, General Comment 13: Implementation of the ICESCR, The Right to Education, 21st Sess., ¶ 50, U.N. Doc. E/C.12/1999/10 (Dec. 8, 1999).

151. Id. at ¶ 6.

152. Id. at ¶ 6(c).

153. Id. at ¶ 6(d).

154. Id.

155. U.N. Office of the High Comm'r for Hum. Rts., Dimensions of Racism, supra note 140, at 46.

156. Id. 47.

157. U.N. ESCOR, Hum. Rts. Comm. General Comment 22: Freedom of Religion or Belief, U.N. GAOR, Hum. Rts. Comm., 48th Sess., reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, p. 35, ¶ 1, U.N. Doc. HRI/GEN/1/Rev.1,(1994).

158. Id. at ¶ 3.

159. Id. at ¶ 6.

160. U.N. CRC General Comment 1 (Twenty-sixth session, 2001): Article 29 (1): The Aims of Education, ¶ 4, CRC/C/103 (2001) 152.

161. Id.

162. G.A. Res. 59/199, preamble, U.N Doc. A/RES/59/199 (Mar. 22, 2005).

163. Id. at ¶ 12.

164. Id. at ¶ 15.

165. U.N. ESCOR, Hum. Rts. Comm., Report of Special Rapporteur on Freedom of Religion or Belief, ¶ 143, U.N. Doc. E/CN.4/2003/66 (Jan. 15, 2003).

166. Id. at ¶ 141.

167. Id. at ¶ 142.

168. U.N. ESCOR, Hum. Rts. Comm., Report of Special Rapporteur on Freedom of Religion or Belief, Addendum, Visit to the United States of America, ¶ 53, U.N. Doc. E/CN.4/1999/58/Add.1 (Dec. 9, 1998).

169. Id. at ¶ 185.

170. U.N. ESCOR, Hum. Rts. Comm., Implementation of General Assembly Resolution 60/251 of 15 March 2006 Entitled “Human Rights Council,” ¶ 12, U.N. Doc. A/HRC/2/3, (Sept. 20, 2006) [hereinafter G.A.Res 60/251].

171. Id.

172. Id. at ¶ 13.

173. Id.

174. G.A. Res 60/251, supra note 170, at ¶ 63.

175. Id.

176. Ross v. Can., U.N. CCPR, Hum. Rts. Comm., Communication No. 736/1997, ¶ 11.6, U.N. Doc. CCPR/C/70/D/736/1997 (2000).

177. Waldman v. Can., U.N. CCPR, Hum. Rts. Comm., 67th Sess., Communication No. 694/1996, Individual Opinion, 2, U.N. Doc. CCPR/C/67/D/694/1996 (1999).

178. Id. at ¶ 5.

179. U.N. CESCR General Comment 13 (Twenty-first session, 1999): Article 13: The Right to Education, ¶ 28, U.N. Doc. E/2000/22 (1999).

180. U.N. Hum. Rts. Comm.. General Comment 18: Non-discrimination, U.N. GAOR, Hum. Rts. Comm., 37th Sess., reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, ¶ 10, U.N. Doc. HRI/GEN/1/Rev.1 (1994).

181. Id.

182. U.N. Hum. Rts. Comm. General Comment 23: Rights of Minorities, U.N. GAOR, Hum. Rts. Comm., 50th Sess., reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, ¶ 6.1, U.N. Doc. HRI/GEN/1/Rev.1, (1994).

183. Id. at ¶ 6.2.

184. Id. at ¶ 9.

185. U.N. ESCOR, Hum. Rts. Comm., Report of the Working Group of Experts on People of African Descent on its First and Second Sessions, ¶ 52, U.N. Doc. E/CN.4/2003/21 (Feb. 25, 2003).

186. Id. at ¶ 60.

187. Id. at ¶ 56.

188. U.N. ESCOR, Hum. Rts. Comm., Report of the Working Group of Experts on People of African Descent on its third session, ¶ 111(11), U.N. Doc. E/CN.4/2004/21 (Dec. 19, 2003).

189. Id. at ¶ 111 (16-17).

190. Id. at ¶ 111 (29-30).

191. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, G. A. Res. 47/135, art. 2, U.N. Doc. A/Res/47/135/Annex (Dec. 18, 1992) [hereinafter G.A. Res. 47/135].

192. Id. at art. 1.

193. Id. at art 4(2).