Representatives of a Christian church and Muslim community in Uganda recently filed a law suit against the country over the suspension of in-person worship over COVID-19. The suit is supported by the Alliance Defending Freedom, ADF International. Pictured Legal Counsel, Global Religious Freedom ADF International, Mr Sean Nelson
A faith-based legal advocacy organization which supported legal challenges against blanket bans on worship across Europe and in Latin America, is currently seeking to overturn the continued suspension of in-person worship services in Uganda as part of the COVID-19 restrictions.
ADF International believes that the Ugandan government must “find ways to protect public health, while also upholding the right to live out one’s faith in community with others.”
The organisation’s efforts saw church doors in Scotland reopen after the successful challenge brought by Glasgow Priest Canon Tom White, closely followed by similar wins for religious freedom in Chile and Switzerland.
As Uganda Christian News reported earlier, Uganda’s government updated the Covid-19 regulations on July 30, 2021 after a 42-day full lockdown, to allow public transport, restaurants, hotels, shopping malls and arcades to open – but not churches.
President Yoweri K. Museveni explained that the restrictions are due to last at least 60 days, following recommendations from the members of the National Covid Taskforce and the Scientific Advisory Committee.
“People of different faiths are now standing up to ensure that their rights are protected in Uganda,” the Legal Counsel, Global Religious Freedom for ADF International, Sean Nelson, was quoted as saying in report.
“Freedom of religion and belief is a foundational human right. Freedom to manifest one’s faith in public worship is an essential part of this right, protected by Ugandan law and international treaties. This right should be limited only to the extent that it is necessary for a legitimate, proportionate, and non-discriminatory reason. In multiple instances across Europe, in the US, and in Latin America, we’ve seen similar blanket bans on public worship be ruled unlawful,” added Mr Nelson.
According to the ADF International official, the ban on public worship is “discriminatory” as places of commerce including malls are open to the public. He urged: “People of faith are no more contagious than their peers – there is no clear reason why a large, spacious church should be forced shut, but malls and arcades are open.”
Mr. Nelson emphasised that there is no clear reason why faith groups have had to clear “higher operational hurdles throughout this year than places of commerce.”
Who is ADF International representing?
“As a woman of faith, it’s been difficult to see my community deprived of access to public worship at a time when we need it most. At this hard moment for our country, the government must remember that we don’t only have physical needs, but spiritual needs, too. I’m glad to stand with my church, with support from ADF International, in challenging this disproportionate, unnecessary, and draconian restriction on freedom of worship,” Agnes Namaganda, a member of the Christian fellowship supporting the challenge was quoted as saying.
“For people of faith, participating in public worship is as essential as taking food and water. Under the current regulations, those who want to shop may visit the mall, and those who want to eat out may go to a restaurant; yet there is no place of worship open for those who want to practice their religion. Why are people of faith being treated as more contagious than others? Of course, it is vitally important to keep our communities safe at this time. This can and must be done while also upholding the right to gather for worship,” added Imaam Bbaale Muhammed, who has also joined the legal challenge against the government’s worship ban.
A global trend: See where ADF International has supported legal challenges against blanket bans on worship
In March, Scotland’s top civil court found that a blanket ban on public worship was unlawful. The challenge was successfully brought by 27 faith leaders and a Glasgow Priest, Canon Tom White. The Scottish decision affirmed that any restrictions on fundamental freedoms must be necessary and proportionate.
In November 2020, Westminster’s chief medical and scientific advisors had conceded that evidence for church closures was “anecdotal” at best and “not based on scientific fact.”
One day after the Scottish ruling in March, the Chilean Supreme Court unanimously ruled that COVID-19 restrictions have been applied in a discriminatory manner against believers in Chile. The landmark ruling recognized that freedom of religion is a human right that cannot simply be suspended.
Legal action is currently underway in Ireland, where for almost a year, people of faith were criminalized for attending public worship. Leaving one’s home to attend a worship service could have incurred a potential penalty of a fine, or up to six months in prison.
