CHURCHES AND MOSQUES

The Role of the Churches and Mosques
in Criminal Justice System/
Prison Reforms

                                                By Fr Enyeribe Oguh, SJ

 REFORMS AD EXTRA

Strong Legal/Moral Education and Practice

Good laws are made to benefit the society at large. At the same time, laws are indicative of the imperfections of the human society. If humans were angels, laws would have been totally pointless as men would by their nature know and do what is right always. Hence, laws help to regulate human behaviors and to control unseemly human excesses. As Martin Luther King, Jr. says, laws may not make a man love me, but it can stop him from lynching me. One becomes a criminal by being convicted of breaking the criminal laws of the state. The churches and mosques have an urgent role of educating their members on the stipulations of laws and statutes of the state. Sometimes some people commit crimes out of ignorance of the laws. But before the magistrate, ignorance of the law does not usually stand up as a strong defense. Ancient Romans had this saying, ignorantia leges neminsu non excusat (ignorance of the law excuses no one). Since the churches and mosques are places where huge numbers of the citizens gather frequently, efforts should be made to inform them about the dictates of the constitution of the land. Rather than teaching only about the laws of God in the Bible or Koran, pastors, priests, and Imams can also use the pulpit or other means to inform their followers about the laws of the land. It is almost treasonable felony for Christians or Muslims to know so much about the laws of the ancient Israelites and the Arabs in their Holy Books, but know very little about the laws of their own homelands.

 One of the raison d’être of religion is to aid people to live a good moral life. Hypocrisy in the practice of the moral dictates of the Mosaic laws was condemned by all the prophets from Moses to John the Baptist. Jesus redefined the laws and strongly repudiated pharisaic attitude to morality. The Qur’an received by the Holy Prophet Mohammed states in many clear terms that the way to paradise is through the practice of morality and not by careless living. The churches and mosques, therefore, should not only teach but practice what they believe. On this score, churches and mosques need to ensure that their ministers are given sound moral and excellent integral formation for the growth of their organizations and the human society. As leaders their influence, attitudes, and actions would seriously impact on their followers and the society. Mahatma Gandhi once famously stated that if Christians truly practiced the teachings of their Master, Jesus Christ, he would have been tempted to convert to Christianity. Majority of the people in the Nigerian prisons are probably not pagans but Christians and Muslims. Of course, one reason for this is that majority of the populace are either Christians or Muslims. But the truth is that if the majority of those behind bars in Nigerian prisons were faithfully practicing the moral principles they were taught in Sunday schools, catechism classes, or at the Madrasah Islamiyyah a good many of them would not have ended up in the prisons today. Thus, religious organizations should intensify efforts to teach their members not only religious dogmas but also sound moral principles. Above all, the leadership of these organizations would help the criminal justice system greatly by taking the lead in observing the sound morality that they teach.

 Growing the Human and Socio-economic Capital

Poverty is one of the primary causes of conflicts and a strong inducement to commit crimes. It is a major obstacle to peace, justice, and the rule of law. A person cannot live a normal life or submit entirely to the law if he/she is unable to find enough food to survive. Most people spend their entire lives struggling to make ends meet. Yet for many, these ends never meet. Aware of the universal indignity of poverty, the United Nations has singled out global “Poverty Eradication” as one of its key Millennium Development Goals. Perhaps when this is achieved the level of crimes in the society will astronomically decrease, but presently a huge fraction of humanity live below the poverty margin. In fact an influential economist, Paul Collier, has made a strong case that more than a billion people in the world (mostly from the so-called third world countries) currently live below the poverty margin of less than one US dollar per day.  Several factors account for this, including: historical injustices, high mortality rates, the  scourge of HIV/AIDS, high infant and maternal mortality rates, harsh global economic policies, high unemployment rates owing to non-existent jobs and lack of marketable skills. Where do the churches and mosques come in here?

 Early missionary activities in Africa gained an impressive and lasting foothold on the continent not by the force of arms (a colonial technique that failed neither to impress nor endure), but by establishing many schools, colleges, and hospitals. Several pioneer African educationists and nationalists were the products of these missionary schools. The same story is true of the advancement of Islam on the continent. The early Islamic traders and Jihadists who brought religion to Africa also founded Madrasahs not only to propagate Islam and the Qur’an but also to teach science and Islamic law. In many countries in Africa, the governments have taken over many of these schools but have been unable to maintain the high quality of teaching and learning that characterized these formerly mission schools. Although many churches and mosques have continued to establish schools, colleges, and universities, they should be encouraged by the government to do so by removing many of the petty bottlenecks that frustrate and atrophy genuine service. The churches and mosques, however, ought to draw from the original charism and objective of the missionary founders that saw education as a powerful means to empowering a people and not for impoverishing them for personal aggrandizement. In the course of my growth and formation, I have attended at least three Catholic or religious schools and I can attest to the high standard of teaching and morality in these schools. To date I have never heard of anyone from any of my former schools who has ended up behind bars. Such level of standards should be maintained and enforced in all private and/or religious schools.

 In addition, several churches and mosques are either an international organization or have international partners. This partnership can be used as a powerful means of attracting foreign aid or investment into several countries to sprinkle the socio-economic seeds on the ground. I know of many Catholic Archdioceses and agencies in Europe and the United States that have continued to support the initiative of many Catholic Bishops and religious organizations in Africa. For instance the CIDJAP [Center for International Development, Justice and Peace] – an organization that has brought tremendous development in Enugu state and founded by Fr Ike Obiora – could not have had so much impact without the consistent assistance from Misereor in Germany, Caritas in Rome, Catholic Relief Services in Ireland, and so on. These forms of initiatives and partnerships should be encouraged or explored by other religious bodies. If a youth is out of a job for a long time and has no foreseeable means of livelihood, he may be forced into crime as a last resort to avoid starvation. Or he may choose the Tunisian Mohammad Bouazizi option of suicide as a final protest against a suffocating system.

 Establish Justice and Peace Commissions / Justice and Reconciliation Clinics

 In response to the call from the Second Vatican Council for “some agency of the universal church to be set up for the world-wide promotion of justice for the poor,”[1] Pope Paul VI established the Catholic Commission for Justice and Peace in 1967. With his Apostolic Constitution “Pastor Bonus,” Pope John Paul II in 1988 changed the agency’s name from the Commission for Justice and Peace to the Pontifical Council for Justice and Peace. This Council which is now replicated in every Catholic diocese and parish with the name “Justice and Peace Commission” tries to promote the transformation of society based on the social teachings of the Church and the principles of equality, solidarity, human rights, and human dignity. Once it identifies a situation of injustice, or where human dignity is in chains, it strives to analyze the situation to understand the proximate and root-causes of the injustices, and plans actions or interventions to remedy the social order in the light of faith. Because the Commission has been such a breath of fresh air and a useful conflict management medium to the Church for more than forty years now, I make bold to recommend its model to other churches and mosques around the world. Several cases ranging from marital problems and domestic violence to land/property disputes as well as youth empowerment and environmental justice matters come before the Commissions. These cases are often treated with dispatch, confidentiality, compassion, and expertise that one does not often get from the adversarial system of the courts. Many of the complainants go home satisfied and even reconciled with their opponents. Simply put, the Commission is another form of Alternative Dispute Resolution method, but done with care and respect to the persons concerned, and often without consultation/service fees.

 Similarly, the South African model of the Truth and Reconciliation Commission [TRC] led by Archbishop Desmond Tutu presents itself as a practicable positive intervention in the criminal justice system for use by the churches and mosques. The TRC though not perfect served almost like a healing clinic to both perpetrators and victims following the democratization process in South Africa in the late 90s. Due to its popularity and apparent success, this model has been replicated in many countries recovering from a divided past, including Rwanda, Sierra Leone, and Liberia. Churches and mosques can establish Justice and Reconciliation commissions or clinics with the objective of addressing instances of injustice and healing the wounds of conflict between their members and the larger society. As a clinic it would require the services of experts in the areas of law, psychology, and counseling. Local cases of religious violence between Christians and Muslims in northern Nigeria, for example, can be brought before such a clinic and if well handled can bring about reconciliation and even foster friendship in the embattled areas.     

 Mutual Cooperation/Collaboration not Confrontation

 Two major landmarks in the city of Abuja are the Abuja Mosque and the Ecumenical Center. These epic buildings are so close that the call for prayer by the muezzin could easily be heard by the Pastors presiding over a convention at the Center. Proximity in this case offers a good opportunity for cooperation and collaboration. Christianity and Islamic religion are both offshoots of ancient Judaism. This common origin should be exploited to forge a rapprochement between members of the two great faiths. In Nigeria, for instance, more than 90% of the citizenry are either Muslims or Christians. This indicates that any collaborative initiative by these two faiths will be a great force to reckon with. We have recently seen how committed people, in this case, Muslims in Tunisia and Egypt have been able to bring down dictatorial regimes to pave way for the enthronement of freedom and democracy. A similar force by Christians brought down the infamous regime of Ferdinand Marcos in the Philippines during the last century. If these two faiths can seek close points of unity and agreement and de-emphasize the points of divergence and confrontation, the number of those who get locked up in prisons would most likely be halved. This new mutual understanding would hopefully reduce the incidences of religious suspicion, fundamentalism, wanton acts of terrorism, and would encourage respectful study or understanding of the doctrines and dogma of each faith.      

Collaboration would also enable Muslim parents to send their wards to Christian schools without fear of indoctrination or proselytization. A good example of this collaboration in Abuja is the Loyola Jesuit College at Gidan Mangoro which for the more than fourteen years of its existence has had several Muslim and Christian students receiving instructions from Christian and Muslim tutors alike. Yet each student is allowed to practice his/her faith with dignity and freedom. More of this sort of venture should be encouraged in other parts of the country and should in fact be promoted in all Christian and Muslim countries. Cooperation breaks down the barriers of miscommunication and distrust as well as opens the avenue for mutual celebration of identities and creeds. Churches and mosques should arrange and encourage many interfaith social activities among the youth. Such activities may include: sports, debates, quizzes, excursions, Justice and reconciliation clinics, and so on. It can also comprise joint business ventures, interfaith worship, and mutually sponsored pilgrimages to the Holy Land, the Vatican City, and Mecca. Since those who eat together do not usually eat one another, these combined exercises would hopefully ameliorate the fractious relationship between Muslims and Christians in multi-religious countries and around the world.

 A Moral Watchdog for the Society

 Every mature democracy operates by a system of checks and balances. This is often provided for in the constitutional three-tier arrangement between the executive, legislature, and the judiciary. But it can also be maintained in a balance between the ruling government and a strong opposition. The unholy marriage between the Democrats and the Republicans on many policy issues in the US system is a good analogy. Organized religion can offer yet another effective check on the excesses of the government. The churches and mosques should act like moral watchdogs keeping the government on its guard. The objective here is to ensure the politicians do not sell the citizens off for a pair of sandals. As watchdogs, they will be able to use their good offices to negotiate a fair treatment of the workers, prisoners, political opponents, and citizens at large. They can also raise their voices against government abuses of human rights or arbitrary use of power against the masses. When all cowers to state coercion, the churches and mosques ought to use their high moral capital to advantage all. For example, during the repressive regime of Flight Lt Jerry Rawlings in the 1980s, it was the Catholic Church by means of the Catholic Standard then edited by Fr Charles Palmer Buckle (now Archbishop of Accra) that kept the fire of hope alive in the citizens as it relentlessly attacked those nasty laws.

 In governments like we had until recently in Tunisia and Egypt, the churches and mosques had the onus of speaking up against government relaxation of the laws of the land to favor their families and friends. If the law prohibits the importation of certain substances or commodities like arms, narcotics, and so on, the religious organizations should then not sit and watch the cronies of the government trading and flaunting these contrabands. They are called upon to act positively to protect the moral soul of the nation against the dictates of a dictator or his/her cabal. Religious organizations should work with other Non-profit/Non-governmental organizations to oppose frequent or incessant imprisonment and/or torturing of opponents of a repressive regime. Similarly, the churches and mosques should also oppose the legalization of evil. Unjust laws should be made to appear reprehensible and be repudiated.

 Reforms and revolutions are often best done from within than from without. In order to truly influence the actions of the government, the religious organizations must also be ready to participate in political governance. Some churches to date are still averse to political participation of their members or in some cases of their leadership in national governance. This scenario disadvantages the churches and makes them outsiders in the shaping of the mind and mores of the political gladiators. It also limits their access to the goings-on on crucial issues of the state for which their support or opposition might have made a great difference.

REFORMS AD INTRA: Dynamic Prison Ministry

One area where the role of churches and mosques is strongly and practically felt in the entire criminal justice system is in the prison ministry. Imams, priests, pastors, and several faith-based peoples frequently visit with prisoners and detainees to share the word of God with them. I enjoyed this wonderful opportunity for almost two years as a young Jesuit novice. We always looked forward to singing, clapping hands, and praying with the inmates of the Oko and Benin prisons in Benin City twice a week. Besides conducting prayer services, some of us were also engaged in counseling the inmates. Sometimes we acted as courier services for them with the permission of the wardens to carry their letters to their families and loved ones. There were also a few times we brought food items, educational materials and gifts to the prisoners. Usually many churches, private individuals, and organizations bring food and gifts to the prisoners.

   Sadly, however, my prison ministry many years ago was basically pastoral and had little else beyond that. This is still what our Jesuit novitiate does till date. It is just about what most churches and mosques still do at the prisons, especially in Africa. The situation is so due to the fact that the prison authority has a set of regulations that controls what externs can or can’t do with the prisoners or in the prisons. For instance certain items like cigarette, drugs, alcohol, bottles, or weapons are prohibited as gifts to prisoners. Certain forms of messages cannot be taken out of or brought into the prisons by externs for the prisoners. The system is thus organized to ensure the maximum security of the prisons.

 All the same, there is still a great deal that the churches and mosques can do within the legal latitude allowed. Imams, priests and pastors every so often serve on the board of the prisons council in some countries. This affords an enormous opportunity to influence the local policies and current attitudes in the respective prisons. Several prisoners are daily exposed to various forms of abuses ranging from sex to verbal and physical violence, and torture not only from fellow inmates, but also from the prison wardens. The churches and mosques can lobby at this policy making level to ensure that these violations of human dignity are curbed or curtailed.

 In addition, the state of overcrowding, diseases, lousy diets, and poor sanitation is not strange to anyone who has ever visited any prisons in Nigeria. I believe that this scenario may not be much better elsewhere. In Ghana, for example, most of the prisons are still unbelievably the former Portuguese colonial forts and castles that were later converted to airless, dark, and gruesome slave forts for erring African slaves before they were shipped overseas. The Ghanaian government only raised the status of these former slave forts to medium security. Any situation in which human dignities are being violated, religious organizations have the divine mandate to act in favor of man. So, the churches and mosques need to rise up and challenge the government to treat prison inmates as images of God deserving of inalienable human dignity.

 A number of churches and mosques have been able to build churches, mosques, or secure some worship space in some prisons. This is noble. At the same time, a serious attention also needs to be paid to the socio-economic aspects of the inmates. It is strong to argue that the high incidences of recidivism result from little or no socio-economic equipment of the prisoners before they are released into the society. The government has the duty to rehabilitate the prisoners. One way of doing this is to assist them to acquire some hard skills before the end of their time in jail. But of course, many governments do not do well here. So, the churches and mosques should step in to supplement the efforts of the state by building vocation institutes in some of the prisons. Obasanjo’s government, for instance, commissioned an open university for the Lagos state prisons during his second term as the democratic president of Nigeria.

 Many people in the society view ex-convicts or indeed anyone who has spent some time in jail with much suspicion and disdain. Save in the case of high-profile political prisoners like Mandela or prisoners-of-war, most prisoners are often stigmatized or avoided by many people. One explanation for this is the fear of being attacked or victimized by the ex-jail bird, often assumed to have hardened up during his/her time behind bars. An arrangement can be made between the prison system, the families of convicts about to be discharged, and the church/mosque or religious affiliation of the convicts’ choice to prepare the people to receive the convict before he/she is released. He/she should also be made to commit to regular counseling or therapeutic visits with the ministers for a certain period of time. Similarly, not every minor miscreant should end up in jail. Some should be made to do some community service (as is done in the United States) that can be properly monitored by the government or by a designated religious organization. Yet as a deterrent to society, every concluded criminal case should be made to appear in a popular national daily, of course at the government’s expense. Public shaming is a strong deterrence against wrong-doing in many cultures, especially in Africa.

 Conclusion

No society can exist without laws. Abrogate laws and all life will be chaos, miserable, nasty, brutish, and short.[2] Such a life is not worth living. To save humanity from this path of perdition and annihilation, laws are made by man (or received from God as the case of maybe) and given to the sovereign to implement for the good of all. In the implementation of these laws, sometimes errors are made and innocent people are wrongly penalized and their rights abused. Yet even the guilty also have rights and dignity that must be respected and preserved. This necessitates careful attention to both procedural and substantive justice on the part of state agencies. It also calls attention to frequent reforms in the criminal justice system. The condition of prisoners, ex-prisoners, and the prisons must be regularly reviewed.

 But neither laws nor the state agencies alone are enough to make life worth living in the state. Other institutions like the churches and mosques also have their roles to play. These can collaborate with the state to entrench and spread the values of morality in the heart of their members. Morality makes the man. A morally sound person will be less likely to commit crimes than an immoral person. Churches and mosques have the duty to live by their beliefs and professions. They also have a moral responsibility to empower their members through establishing initiatives like schools, health centers, and strong enterprises where the youth can be gainfully employed. An idle mind is the devil’s workshop. Finally, the churches and mosques can collaborate to form pressure groups able to negotiate with the state for the rights of suffering citizens and the rights of prisoners and ex-convicts.

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[1] Vatican II. Gaudium et Spes, 90.

[2] Thomas Hobbes. Leviathan (1651). (Oxford: Oxford University Press, 1967), Part 1, Chapter XIII, p. 97.