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The right to freedom of religion can be found in Kenya’s Independence Constitution of 1963, ratified on December 10, 1963. Article 22, Part 1 states: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance." . (“The Constitution of Kenya”, 1963). Exceptions to this were conceived in terms of laws "(a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion." The language in the 1963 Constitution is repeated in the 1969 Constitution, at Article 79.1.
In the 2010 Constitution, articles 21.3, 27.4, and 32 grant religious freedom, equality, and prohibit religious discrimination. The Preamble acknowledges the supremacy of God, Article 8 declares no state religion.
References:
1963 Constitution of Kenya: English official original text of the Constitution of 1963 as appended to the Kenya Independence Order in Council 1963. 40 (1963)
Chapter II: Protection of Fundamental Rights and Freedoms of the Individual: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzke0008&id=41&men_tab=srchresults
1969. The Constitution of Kenya:
https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1.
KLRC. “Home.” Kenya Law Reform Commission (KLRC). KLRC, 2022. Last modified 2022. Accessed June 17, 2022. https://www.klrc.go.ke/index.php/constitution-of-kenya.
The Constitution of the Kingdom of the Netherlands was ratified on 29 March 1814. Articles 1, 6.1, 23.3, and 23.5 grant religious freedom, equality, and prohibit religious discrimination. Article 6 Section 1 of this constitution states “[e]veryone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law” (constituteproject.org).
Ministerie van Binnenlandse Zaken en Koninkrijksrelaties. “The Constitution of the Kingdom of the Netherlands 2008.” Government of the Netherlands. Ministerie van Algemene Zaken, April 29, 2014. Last modified April 29, 2014. Accessed June 23, 2022. https://www.government.nl/documents/regulations/2012/10/18/the-constitution-of-the-kingdom-of-the-netherlands-2008.
“Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Netherlands_2008. +
The Constitution, contained within the Independence Order of Kiribati ratified on July 12, 1979, established freedom of religion in Kiribati. The right can be located in Chapter II, Article 11, Part 1 (“Kiribati Independence Order of 1979”, 1979).
1979. Kiribati Independence Order of 1979. July 12. https://constitutionnet.org/sites/default/files/Kiribati%20Constitution.pdf.
PACII. “Constitution of Kiribati.” Pacific Islands Legal Information Institute . University of the South Pacific School of Law, May 6, 2022. Last modified May 6, 2022. Accessed June 17, 2022. http://www.paclii.org/ki/legis/consol_act/cok257.pdf. +
The first assertion of the right to freedom of religion in Kuwait is in the Constitution of 1962, ratified on November 11, 1962. The right can be found in Part III, Article 35. Part 1, Article 2 establishes the official religion as Islam (“Kuwait 1962 Constitution”, 1962).
“Kuwait 1962 Constitution.” 1962. Constitute Project. November 11. https://www.constituteproject.org/constitution/Kuwait_1992?lang=en. +
According to Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Every person in the Kyrgyz Republic shall enjoy the right ... to freedom of creed, spirit and worship". A general assertion of freedom of expression is offered in the same article.
References:
1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html +
Laos first established the right to freedom of religion in the 1991 Constitution, ratified on August 15. The right can be found in Chapter 1, Article 9 (“CONSTITUTION OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC”, 1991).
“CONSTITUTION OF THE LAO PEOPLE’S DEMOCRATIC REPUBLIC.” 1991. International Labour Organization. August 15. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/75323/87941/F1091614924/LAO75323.pdf. +
The first assertion of freedom of religion is in the 1922 Latvian Constitution, ratified on February 15th. The right can be found in Chapter VIII, Article 99 (“Latvia 1922 Constitution”, 1922).
“Latvia 1922 Constitution.” 1922. Constitute Project. February 15. https://www.constituteproject.org/constitution/Latvia_2016.
The Constitutional Assembly. “Latvijas Republikas Satversme.” LIKUMI Latvia . Latvijas Vēstnesis, 1993. Last modified 1993. Accessed June 17, 2022. https://likumi.lv/ta/en/en/id/57980. +
The first assertion of freedom of religion in Lebanon was in their 1926 Constitution, ratified on May 23. Articles 9, 10, 19, and 22 grant religious freedom, equality, and prohibit religious discrimination. (“The Lebanese Constitution”, 1926).
1926. The Lebanese Constitution. Lebanese Parliament. May 23. https://www.lp.gov.lb/backoffice/uploads/files/Lebanese%20%20Constitution-%20En.pdf. +
Freedom of conscience was guaranteed in the 1966 Lesotho Constitution. The right to religious freedom in Lesotho can be found in the 1993 Constitution, ratified on April 2nd. Articles 4.1, 13, 16.1, 18.3, 18.5, and 26.1 grant religious freedom, equality, and prohibit religious discrimination. (“Lesotho 1993 Constitution”, 1993).
References:
1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737.
“Lesotho 1993 Constitution.” 1993. Constitute Project. April 2. https://www.constituteproject.org/constitution/Lesotho_2018. +
The Liberian Constitution of 1847 is the first document in the country’s history to assert freedom of Religion. Article 3 of the document specifically outlines this right.
More recently, the Constitution of the Republic of Liberia was ratified on 6 January 1986. Articles 14, and 18 grant religious freedom, equality, and prohibit religious discrimination. Articles 14 declares a separation between religion and the state.
“Constitutional Convention of 1847.” Government of Liberia. Accessed June 25, 2023. http://crc.gov.lr/doc/CONSTITUTION%20OF%201847%20final.pdf
National Constitution Committee. “1986 Constitution of the Republic of Liberia.” Judiciary of the Republic of Liberia. Supreme Court of Liberia, 1986. Last modified 1986. Accessed June 17, 2022. http://judiciary.gov.lr/wp-content/uploads/2017/11/CONSTITUTION-OF-THE-REPUBLIC-OF-LIBERIA.pdf. +
Article 21 of Libya’s 1951 Constitution contains the first assertion of freedom of religion in the state’s independent history. However, Libya has gone through significant changes in government since the founding of this document. Under the 2011 Constitution Article 6 grants freedom of religion and prohibits religious discrimination. Article 1 declares Islam the official religion of Libya.
“Constitution of 1951.” DCAF Libya. Accessed July 25, 2023. https://security-legislation.ly/en/law/31474
“Libya’s Constitution of 2011.” Constitute. Accessed July 25, 2023. https://www.constituteproject.org/constitution/Libya_2011.pdf +
Liechtenstein’s 1862 Constitution is the first document in the country’s history to assert freedom of religion. Article 8 of the document specifically defines this right, stating that “freedom of the person and of external worship are guaranteed.”
In the 1921 Constitution of the Principality of Liechtenstein, Articles 37.1 and 39 grant religious freedom, and Article 37.2 declares the Roman Catholic Church is the official church. Article 37 states: “1) Freedom of religion and conscience shall be guaranteed for all. 2) The Roman Catholic Church is the National Church and as such shall enjoy the full protection of the State; other denominations shall be entitled to practice their creeds and to hold religious services within the limits of morality and public order.”
“Constitution of 26 September 1862.” World Constitutions Illustrated, Heinonline. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzli0005&i=2
Parliament of Liechtenstein. “Constitution of the Principality of Liechtenstein.” State Administration of the Principality of Liechtenstein. State Administration of the Principality of Liechtenstein, 2014. Last modified 2014. https://www.llv.li/files/rdr/Verfassung-E-01-02-2014.pdf +
The first assertion of freedom of religion in Lithuania’s post-Soviet history is contained in the country’s 1992 Constitution. Articles 26, 27, and 43 grant religious freedom, equality, and prohibit discrimination. Article 43 asserts that there shall be no state religion in Lithuania.
“Lithuania 1992 (rev. 2006).” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Lithuania_2006
Parliament of Lithuania . “CONSTITUTION OF THE REPUBLIC OF LITHUANIA.” Lietuvos Respubilkos Siemas . Parliament of Lithuania , March 20, 2003. Last modified March 20, 2003. Accessed June 17, 2022. https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=rivwzvpvg&documentId=TAIS.211295&category=TAD. +
Luxembourg’s Constitution of 1848 was the first document to guarantee freedom of religion in the country’s independent history. Articles 20 and 21 specifically outline this right.
“Mémorial Législatif et Administratif du Grande-Duché de Luxembourg.” Strada Lex Luxembourg. Accessed July 26, 2023. https://www.stradalex.lu/fr/slu_src_publ_leg_mema/toc/leg_lu_mema_184807_52/doc/mema_1848A0389A +
Article 39 of Madagascar’s 1975 Constitution contains the first assertion of freedom of religion in the country’s independent history. However, the preamble of the country’s 1959 Constitution does protect freedom of speech, assembly, and association which may have helped protect freedom of religion to an extent.
“Constitution de la République démocratique malgache.” Digithèque MJP. Accessed July 26, 2023. https://mjp.univ-perp.fr/constit/mg1975.htm#2
“Constitution of the Malagasy Republic.” World Constitutions Illustrated, Heinonline. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmg0017&i=2 +
The first assertion of freedom of religion in Malawi’s independent history is contained in the country’s 1964 Constitution. Article 19(1) specifically defines this right: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.”
References:
“Constitution of Malawi.” Citizenship Rights Africa. Accessed July 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf +
Article 11, Clause 1 of Malaysia’s 1957 Constitution contains the first assertion of freedom of religion in the country’s independent history: "Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it." The article’s 4th clause, to which clause 1 referred, stipulates that “State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.” Furthermore, Article 11, Clause 5 offers a further condition: "This Article does not authorize any act contrary to any general law relating to public order, public health or morality." Article 11, Clause 2 asserted that citizens would not be required to pay taxes in support of any religion that was not their own, and Article 11, Clause 3 specified the rights of religious groups: "Every religious group has the right - (a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law." Finally, Article 3, Clause 1 offers a general guarantee of freedom of religious practice: "Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation."
References:
1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html +
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Article 4 of Mali’s Fundamental Law No. 1 (1991) contains the first assertion of freedom of religion in Mali’s independent history. This was followed up by a 1992 Constitution which also protected the right.
“Acte Fondamental No. 1/C.T.S.P.” World Constitutions Illustrated. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzml0008&i=3
“Mali 1992.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Mali_1992 +
Article 40(1) of Malta’s 1964 Constitution contains the first guarantee of freedom of religion in the country’s independent history. Meanwhile, Article 2 states that the country’s official faith is the Roman Catholic Apolistic Religion.
“Malta 1964 (rev. 2016).” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Malta_2016 +