Expresso Magazine Interview, “This is a faith of reason” (Lisbon, Portugal)
21 July 2018 [Mobile/Printer friendly format] Sources: Primary
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“I begin with the premise that society cannot develop itself if it does not live in peace. And I think peace is the premier premise for all of us. But either you are in a country where there are internal conflicts, or you are where there is a regional conflict. And that, in my opinion, is the end of development. Hence the number one premise is the consensus on national goals. What are the national goals? Are they consensual? Are they egalitarian and just? Do we have the right resources to make them work? I look at society as a set of capabilities that need to be developed together so that the sum is greater than the addition of small numbers. And I think we are beginning to see that…. I think today the notion of performance is probably the greatest driver of political thinking. Which regimes perform well and build their capacity to deal with populations and have them under control? It is very interesting to see how everything has changed.”
INTERVIEWER: ALEXANDRA CARITA
He is one of the wealthiest men in the world and is about to live in Portugal. He has a life of commitment to the community, which follows him as Imam, and has never failed to analyse the world for the benefit of his followers. In his eyes, religion is for a premise of peace, but also of wellbeing, knowledge and economic development.
He is a descendant of Prophet Muhammad and spiritual leader of 15 million Muslim followers, ten thousand of whom live in Portugal. He has been trying to transform the world in his own way and in that of Islam. He is about to live in Lisbon. He is Prince Karim Aga Khan IV. But he is addressed as HisHighness. The title was attributed by Elizabeth II, Queen of England, shortly after [the Aga Khan] took on the role of Imam, the 49th Imam of the Shia Ismailis, at the age of 20.
A week ago he celebrated in our country’s capital his Diamond Jubilee, 60 years as leader of the community, which he considers to be his great source of happiness. He has elected education, healthcare and economic development as his main points of action and has taken his congregational power across the world. He brought almost 50 thousand people to Lisbon, with whom he celebrated the commemorations. Before, on a sunny morning, he spoke with Expresso about the beginning of his mandate and the present times, about religion and politics, about the community and himself, in a singular refuge where, with the warmth that has always characterised him, he let us talk, carried by a warm breeze. It was a long, dense conversation, with an intelligent man who is both a leader of the spirit and the mind, a thinker and a true master of the 21st century.
Alexandra Carita: You were very young when you received the title of Imam of the Ismaili people. What concerns did you have at the time and what concerns do you have now?
His Highness the Aga Khan: Well, to go back to that moment, we have to put ourselves in what was a very stressful time, globally. There were two things happening at the same time, simultaneously. One was decolonisation and the other was the Cold War. These two phenomena were happening more or less at the same time, so there was an overlapping agitation. Much of that world was and is where my community lives and used to live. It was a transitional situation between colonial status and freedom, but freedom within the Cold War. So that was an extremely sensitive time to try and make sure that the Ismaili community maintained the right values, in a time of transformation. That those were the values of independence movements, because we wanted our community to be seen as a community of citizens of these countries, and therefore able to participate in public life, including political life.
AC: What kind of work did all this entail?
It was a time of observance, a time to talk to as many people as possible, to understand what their goals were within the national situation they were in.
AK: Careful planning done in a time that required us to analyse the trends and the paths that would be taken and to know where they, the members of this community, would stay, or if they would be, as they say in French, passager [travellers]. Would they leave and not stay in their countries of origin? It was a time of observance, a time to talk to as many people as possible, to understand what their goals were within the national situation they were in. I went through those times, especially the sixties, without thinking of another major trauma.
There were countries that opted for what I would call the Eastern Block, and there were countries that maintained their independence vis-à-vis global international politics and wanted to have and create their own direction, and we adapted ourselves to these situations according to what it was possible to achieve. And we were fortunate. We were well accepted as a community that has its own institutions. We chose to continue to build these institutions in the areas of education, medicine and healthcare, in economic development. There was a time when the most complicated colonial situations were many, especially in the British colonies, where the community was encouraged to maintain its own institutions. After the independence, the movement of these institutions was to meet nationalisms instead of meeting the community. As a result, many of our institutions went beyond the context of the community and drew closer to the national context. And that is where we are today.
AC: What does this Diamond Jubilee mean to you?
AK: This is an important occasion. We set goals that we want to achieve and a number of things that we would like to see grow, especially in countries like Tajikistan, which only recently became part of our area of action. We are working in countries where, in fact, we do not have the structures we already have in other parts of the world. For example, we have much stronger structures in East Africa because we have been working there for a long time. We still have to create the same structures in Tajikistan or Kyrgyzstan or other countries in that area. Therefore, we will have to build these institutions.
I think what we are going to do is try to invest in actions that help us build the future. Building the future is important. And we do it through strong and solid institutions in the fields of education, healthcare and economic development. And they are not institutions for the community, I repeat. They are institutions that operate at an international level. Maybe they started as community institutions but they grew from there. We have always tried to grow in this sense or at least at the regional level. For example, we are dealing with higher education at a regional level, not on a national basis.
AC: One of your main concerns has always been education. Why is it so important to you?
I firmly believe in a public-private relationship in what concerns this matter…. And I believe that this is the way we should go. I do not think that the State can or should be everything for everyone continuously…. Therefore, if we want society to be involved and to be developed, we must mobilise the private sector, not just the public sector. You know, where there has been an effort to mobilise only the public sector — and I think many of us would say the same, it is evident — that mobilisation has failed.
AK: I believe that many of these countries need to create and increase all levels of education, so that it becomes a national and not just a local asset or resource. And I firmly believe in a public-private relationship in what concerns this matter. Many of the countries that you know, that I know, which are now industrialised and highly successful countries, have a pluralism in the fields of health and education. And I believe that this is the way we should go.
I do not think that the State can or should be everything for everyone continuously. I think the private sector has to, let’s say, be engaged, committed. There are fields where the private sector commands, leads, so often in research, for example. This is more a domain of the private sector than of the public sector in the countries where we have been working for years. Therefore, if we want society to be involved and to be developed, we must mobilise the private sector, not just the public sector. You know, where there has been an effort to mobilise only the public sector — and I think many of us would say the same, it is evident — that mobilisation has failed. At least this is my point of view from the experience that I have had. And, I think the two sectors can coexist, they do not have to be enemies. In fact, it is much better when they coexist.
AC: Coming back to the Diamond Jubilee. How would you like this year to be remembered by the Ismaili community and by the world?
I see the Diamond Jubilee as an opportunity to accelerate social and economic change. And this is what I would like to try to do and to achieve together with the leaders of the Ismaili community, but obviously they have to be in the lead, in the thinking and reflection about these matters.
Well, I think it is one of those cases where we have a deadline to work towards and to complete certain initiatives, and a time when we would like to start others. For this very reason, I see the Diamond Jubilee as an opportunity to accelerate social and economic change. And this is what I would like to try to do and to achieve together with the leaders of the Ismaili community, but obviously they have to be in the lead, in the thinking and reflection about these matters.
AC: I know this is not an easy question, but I wanted you to explain to me the role of religion in today’s world.
I will begin by saying to you, that all civilised societies need to have an ethical framework. Otherwise, civil society cannot function in a serious and planned way. If civil society wants to be a major force at the national level, this is how I see the developed world accepting it. And so, civil society needs to be anchored in a set of ethical premises. I think these ethical premises are often anchored in faith, in religion. So I think this is the relationship I would establish and which I consider to be very, very important. However, with regard to this issue, we are obviously interested in countries that have pluralist attitudes towards faith, in relation to society, etc. And Portugal has them. We are very, very honoured and grateful to have been able to establish our religious institutions in Portugal, which, in fact, have a global goal, because this is what Portuguese law allows and encourages. In addition, we will continue to use Portuguese civil society to be able to develop our institutions in the developed world.
AC: Is the Imamat going to work in Portugal?
We are trying to make globalisation in our institutions a reality so that we can serve the communities, wherever they may be. But it is a process. We never reach a full result. That is not realistic.
AK: This does not mean that we do not work in other countries as well. We will. Particularly, because our community is a very pluralistic one. It is not based in a part of the world, nor in any language or anything of the sorts. We have to be as flexible as possible to meet needs wherever they require. And like any community that is global, we cannot handle all of these issues at the same time. We have to identify priorities; we have to try to respond to the needs that occur. But this is essentially anchored in institutional capacity, not in individual capacity.
We are looking, for example, at the role of higher education. And where higher education does exist, is it satisfactory? Where is investment needed? Where is it necessary to think more broadly in geographical terminology, because often higher education is limited to a geographical area? We are trying to make globalisation in our institutions a reality so that we can serve the communities, wherever they may be. But it is a process. We never reach a full result. That is not realistic.
AC: And as for the principles of the Ismaili religion. How do they align with other Islamic principles in general?
And we have tried to be in what I can call, the field of high technology applied to each area to which we are dedicated.
AK: I would say very well. We do not have issues of this nature.We are Shia Muslims and therefore the community has an Imam, whose appointment is hereditary.But broadly speaking, I think we are seen as an asset in most of the countries where we live. And we are encouraged to extend our institutions, to transform community institutions into national institutions. We have done this with our economic, educational and healthcare institutions. These institutions must have begun in the 1950s as community institutions, as I have mentioned. And if we think of the 1950s and 1960s, in the British colonies, for example, we will be reminded that communities were encouraged to create their own institutions. Today, this is completely forgotten, it does not exist.
Nowadays, the goals are to create national institutions to serve everyone. This implied changing the dynamics and the scale of what we were doing. And that means repositioning institutions so that they have a logical position in the future of each country. And we have tried to be in what I can call, the field of high technology applied to each area to which we are dedicated.
AC: Can you give us an example?
AK: For example, in medicine, we are interested in tertiary care. We are not a public service organisation that can provide first aid throughout the country. That is not our role. That is why we focus on the tertiary service. Are there priorities in this field? Yes, there are priorities. Cardiology and Oncology. We are specialists in cardiology and oncology because we think this is the role of our healthcare institutions. And we are investing in research; we are investing in partnerships with institutions outside the Western world because we think they can bring us new insights. And in return, we provide them with the research they do not have. That is why they are very happy to work with us in our institutions; they can do the research that they are unable to do in their countries of origin.
We are expanding our global relationships in the technical fields very solidly. Some of our financial institutions have grown and are now national. For example, I think Habib Bank may be considered the most important bank in Pakistan, today. The Jubilee Insurance Company is one of the top insurance companies in the country. Therefore, between 1957 and today, our institutions have become national or regional institutions, which is the right positioning. The idea that small communities can develop institutional capacities is frankly not realistic.
AC: Is that the duty of religion?
We are continually evaluating ourselves. And the goal is to have more practice, more ability to perform. It is to take to each community, each country, each region, the best practise, in whatever we are doing.
AK: I think it is much more than that. And it is not just religion. It is what national needs represent. If you have the capacity or the means to develop that capacity, I think it is the duty of a national institution to seize opportunities and develop them, if you have the resources to do so, the willingness to do so and the ability to do so. And we measure our performance against global standards in health, education, and the economy. We are continually evaluating ourselves. And the goal is to have more practice, more ability to perform. It is to take to each community, each country, each region, the best practise, in whatever we are doing.
AC: You have dedicated your life to trying to end poverty and inequality. What do you think about the political and social tensions we are experiencing? I am talking about migration, of nuclear weapons, of violence, of the climate, of unemployment …
AK: I begin with the premise that society cannot develop itself if it does not live in peace. And I think peace is the premier premise for all of us. But either you are in a country where there are internal conflicts, or you are where there is a regional conflict. And that, in my opinion, is the end of development. Hence the number one premise is the consensus on national goals. What are the national goals? Are they consensual? Are they egalitarian and just? Do we have the right resources to make them work? I look at society as a set of capabilities that need to be developed together so that the sum is greater than the addition of small numbers. And I think we are beginning to see that.
I go back to the fifties and sixties, when there was still what I call a colonial heritage. That form of approach to a national consensus was not very strong. Many of the colonies have been developed through the division of people rather than through their unity around a common goal. I think this no longer exists today. Do not forget that in those decades we had an extraordinary situation because the process of decolonisation happened simultaneously with the Cold War. And the Cold War was very, very aggressive. Movements of independence and national policies were seen not only in the light of national issues, but also in the face of the Cold War. That no longer exists. So between that time and today, a great source of tension has disappeared. This has changed the dynamics of the world.
If we think about Africa’s situation then, it necessarily reflects the effects of that War. Regimes and political leaders had to choose between the West and the East. Today they do not have to do so. Today these movements are related to their own dynamics. I think today the notion of performance is probably the greatest driver of political thinking. Which regimes perform well and build their capacity to deal with populations and have them under control? It is very interesting to see how everything has changed.
AC: I would like you to talk about Portugal now.
AK: Certainly.
AC: What will the Seat of the Imamat bring to Portugal?
AK: You have to ask the Portuguese. I cannot answer that question!
AC: I would also like to ask you what the Portuguese can expect, by having the Seat of the Ismaili Imamat in Lisbon?
When problems arise, and they are not here, but they arise in other countries, it is when religious institutions and national goals are not compatible. That is when we have trouble. However, Portugal has been very smart to work with religious institutions. We are not the only religion with which the Government works.
AK: Well … the context is between the relationship between religious institutions and modern governance. This is the real context. A context in which religious institutions are improved in what they do, that is, they need a safe environment to enable them to function. These institutions, such as humanitarian institutions, have taken on certain objectives and developed their civil society capacity. And it is very important that country laws allow religious institutions to thrive, as it is even in the national interest. And Portugal is the ideal country for this relationship and has been extremely considerate to me, as Imam.
I think the country has been very intelligent, in what concerns the building of bridges so that religions work well and always with a result that is of national interest. When problems arise, and they are not here, but they arise in other countries, it is when religious institutions and national goals are not compatible. That is when we have trouble. However, Portugal has been very smart to work with religious institutions. We are not the only religion with which the Government works. There is a very, very strong national precedent for this relationship to work. As a religion, we are working in the domain that is already very well positioned for the two sides to work together and as it should be. We are very grateful and honoured for that.
AC: Has the Portuguese Government awarded you many privileges?
What the [Portuguese] Government did was look at this relationship between religion and governance. The Portuguese began doing this with the Concordat signed with the Vatican. This was the first domain with which they worked, and they worked very well. That is why the experience of the Concordat was the springboard for our relationship and it has been a very, very happy relationship.
AK: I would not call them privileges. What the Government did was look at this relationship between religion and governance. The Portuguese began doing this with the Concordat signed with the Vatican. This was the first domain with which they worked, and they worked very well. That is why the experience of the Concordat was the springboard for our relationship and it has been a very, very happy relationship. We have benefited as a religion from this precedent called Concordat. The Concordat was a very important step in the formation of your country in political terms and was extended to us by the Government.
Portugal is dealing with difficult problems in a very efficient way. The Portuguese are strong in their convictions, it is the general opinion when I talk to my friends and we compare what is happening in various parts of the world. Portugal has made very important choices in modern history, courageous decisions. It is therefore a country we all admire.
AC: And are we not gaining anything, with the establishment of the Imamat here?
AK: Ah yes! We are going to create several institutions here but with international objectives. But we will continue to deal with each other under a great basis of friendship. There will be aid as there will be for countries like Mozambique and for Portuguese-speaking countries. It will be a very supportive relationship. And I hope we can share the interests of Portugal, not only here but also abroad. We have a set of common interests.
AC: And are you moving here?
I’m still contemplating if I will move or not. You will see me more often, I am sure of that.
AK: I do not know. But I know I will come much more often. I’m still contemplating if I will move or not. You will see me more often, I am sure of that.
AC: Have you ever thought about what your life could have been if you had not been appointed Imam when you were 20 years old?
AK: I would probably have been a mediocre academic!
AC: Do you have time to enjoy life, to take care of your own businesses, or not?
AK: The truth is that I represent an institution and this institution does not come and go. There, is where all my time and my happiness is, working within that institution. That is where my happiness comes from. I am very, very privileged because I was not the one who chose to be the 49th Imam. My grandfather made that choice in 1955 or so, and I was not aware of it. I think that every individual who has the possibility to contribute to the quality of life is a happy individual. You have a purpose, you see? I think the worst of disasters is having a life without purpose. I think it is a horrible idea.
AC: What was the most important moment of your life, as a religious leader and as a man?
AK: I think that was when I became aware of my grandfather’s wishes when he passed away. This is because his decisions obviously changed my life. I was in university at the time. I was at Harvard. And I had to try to find a new academic orientation, because I had to finish my studies faster than I would have done in another situation. I was still an undergraduate but with a personal assistant and two secretaries, which was unheard of! There have been a number of unique things. But it worked out. And you know? I did not have my secretary take notes in college classes!
AC: Do you regret anything in life?
AK: No, I don’t think so … You know, it is not the way I think.
AC: You are a very positive person.
AK: I do not think in those terms. The answer is no.
AC: Can you tell us what your day-to-day is like?
We have already done a lot of work in the field of history because we want to make sure that we understand the evolution of the Ismaili thought, in the past…. And so we want to try to make sure that the philosophies of the past are well understood and can have adequate space in modern life.
AK: It is essentially the life of the institution and what the institution requires, its manifestations and whether those manifestations are what they should be, or whether we should be doing things differently from what we do. We have already done a lot of work in the field of history because we want to make sure that we understand the evolution of the Ismaili thought, in the past. It is a religion of the brain, a religion of the mind. It is not just a religion of the soul. It is a faith of reason. And so we want to try to make sure that the philosophies of the past are well understood and can have adequate space in modern life. There is a whole context because it is a historical religion. We have an accumulation of history that is very important, and extremely pluralistic. It was formed from various parts of the world and from different languages. And today, all these communities are, in a certain sense, united in a single light, with different creeds, and these creeds are filling gaps in these countries where the gaps are not filled economically, at the educational level in terms of early childhood development, for example.
AC: In terms of child development?
AK: Yes, this is an area that has expanded enormously in the last decade, on a massive scale. What we know today about Early Childhood Development (ECD) is totally different from what we knew 20 years ago. That is why our priorities have also had to change. ECD, for example, is now one of our top priorities. And what we are seeking is to make sure every Ismaili child has the opportunity and access to ECD programmes. That will take time. It will take resources. However, it is a rational goal based on the good quality of science. A few decades ago we could be talking about the need for higher education, university, postgraduate and all those sorts of things. Today, we are completely focused on ECD. Because it has become the recognised basis for an educated society. You know, we learn from others.
AC: Do you ever think about your heir?
AK: No! No. The honest answer is obviously that I do, but I do not want to talk about it!
PDF: Portugese (incomplete): http://www.nanowisdoms.org/nwblog/wp-content/uploads/documents/2018.07.21-interview-expresso-alexandra-carita-portugal-incomplete.pdf
SOURCES
Portugese: http://expresso.sapo.pt/sociedade/2018-07-21-Entrevista-a-Aga-Khan-Esta-e-uma-religiao-que-pensa
PDF: Portugese (incomplete): http://www.nanowisdoms.org/nwblog/wp-content/uploads/documents/2018.07.21-interview-expresso-alexandra-carita-portugal-incomplete.pdf
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Excerpt of the Expresso interview
“We are not the only religion with which the Portuguesegovernment works”
There is a very strong NATIONAL PRECEDENT for this relationship to work.
The Portuguese began doing this with the CONCORDAT signed with the Vatican.
The Concordat was the springboard of our relationship and it has been a very happy relationship. “
Dictionary
Definitions from Oxford Languages
Concordat
/kənˈkɔːdat/
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Noun
An agreement or treaty, especially one between the Vatican and a secular government relating to matters of mutual interest.
“Napoleon I’s concordat with the papacy”
Translations and more definitions
Concordat
Concordat, a pact, with the force of international law, concluded between the ecclesiastical authority and the secular authority on matters of mutual concern; most especially a pact between the pope, as head of the Roman Catholic church, and a temporal head of state for the regulation of ecclesiastical affairs in the …
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Holy See
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António José Emauz de Almeida Lima
Presented credentials on November 25, 2017.
Diplomatic Relations
Relations between Portugal and the Holy See date back to the foundation of the Kingdom of Portugal, with the
Bull ManifestisProbatum, sent by Pope Alexander III to D. Afonso Henriques, on May 23, 1179, immediately standing out, confirming its title of King and attributing that title also to his successors. Thus, he granted the Portuguese monarch the control of the conquered territories and conquering the Moors.
1276 – Election of Pope John XXI (Pedro Julião or Pedro Hispano), who reached an agreement with the Byzantines and introduced the practice of Angelus in the Church.
In 1279, D. Afonso III swore submission to the Holy See.
In 1455: Bula Romanus Pontifex on Portugal’s right to non-Christianized territories and establishing the Portuguese Padroado, later confirmed in successive Bulas.
In 1481, Pope Sixtus IV establishes that all jurisdiction and spiritual power from Cape Bojador to the East Indies will forever belong to Portugal.
In 1493, Pope Alexander VI recognized the Treaty of Tordesillas by the Bula Inter Caetera.
1513 – Opening of the Nunciature in Lisbon (Pope Leão X).
In 1670 the Bull of Pope Clement X Ex Literis is published recognizing the Restoration of the Portuguese Monarchy.
In the 18th century, Johannine policy sought to develop relations with the Holy See with the main objective of obtaining privileges from Rome that would serve to increase his prestige as a Christian monarch.
1716 – Granted Patriarchal dignity to the Cathedral of Lisbon (the second in the West, with Venice).
On March 20, 1728, diplomatic relations with the Holy See were interrupted.
On November 17, 1732, diplomatic relations with the Holy See were re-established, with the new Nuncio arriving in Lisbon.
In 1738, D. João V signs the first Concordat clearly contractual.
1748 – Granted to the Kings of Portugal (Dom João V) the title of Fidelissimo, by the Bula Motu Proprio.
On July 15, 1760: expulsion of the Apostolic Nuncio in Lisbon and break of relations with the Holy See.
In 1770 resumption of relations with the Holy See.
1778 – Signed in Lisbon (Reign of D. Maria I) new Concordat.
1834 – Extinction of religious orders. Court of relations until 1841.
1857 – Concordat between Portugal and the Holy See.
23 June 1886 – Concordat between Portugal and the Holy See. Elevation of the Bishop of Goa to Patriarch ad honorem of the East Indies.
On April 20, 1911, the Decree establishing the separation of the Church from the State is published, the basis for the subsequent break of diplomatic relations with the Holy See, which entered into force on July 1st. On July 10, 1912, the Vatican Legation was extinguished, only re-established in 1918.
On July 9, 1918, diplomatic relations were re-established.
On July 29, 1919, the Apostolic Letter of Benedict XV was published recognizing the Portuguese Republic.
May 7, 1940 – Signature of the Concordat and the Missionary Agreement. Elevation of the Portuguese Legation at the Holy See to an Embassy (the fourth abroad, after London, Rio de Janeiro and Madrid).
On July 18, 1950, an Agreement between Portugal and the Holy See was signed at the Vatican, de facto terminating the right of Portuguese Patronage in the Far East.
1975 – Protocol modifying the Concordat regarding the power to request divorce from a Catholic marriage.
1979 – Pope John Paul II visits the Church of Santo António dos Portugueses, on the 8th Centenary of ManifestisProbatum.
On May 18, 2004, the new Concordat between Portugal and the Holy See was signed in Rome, replacing the one of 1940.
First Shipment
In July 1670 Pope Clement X declares that the Marquis of Minas was received as Ambassador.
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Concordat Watch – Portugal – content area
Concordat (2004) : text
This concordat was signed in secret in the Vatican by the Portuguese Prime Minister Barroso and only announced afterwards, (a procedure repeated by the President of Brazil in 2008). The agreement introduces a church tax (Art. 26.1) and maintains the teaching in state schools of “Catholic morality” by people appointed by the bishops but paid by the state (Art. 19).
More than 80% of the Portuguese call themselves Catholic and the Catholic Church still has a privileged place, legally covered by Article 58 of the Law on Religious Freedom (Lei da Liberdade Religiosa/LLR), which keeps in force the concordats with the Holy See : the first from 1940 and the second signed 18 May 2004 […]. This concordat maintains the rights and special privileges assured to the Catholic Church concerning religious education, the civil effects of religious marriages and the exequatur of the decisions of Catholic courts, automatic recognition of legal entities established by the Church and fiscal exemptions. Nevertheless some modifications were introduced, like the taxes on non-pastoral activities and the individual incomes of the priests.
Besides the Concordat […] should be mentioned […] the traditional practice of integrating the Catholic Church with the State, notably the presence of religious symbols in places for public services, especially in schools, the celebration of religious acts through official decision or command, notably in inaugurations, the military graduation of priests as officers who ensure pastoral service in the Armed Forces and the public financing of the Catholic Church by subsidies for the construction of religious buildings and other religious initiatives. [1]
In 2011 Portugal required a massive bailout. It obtained a 78 billion euro loan from the European Central Bank, European Commission and International Monetary Fund and also agreed to severe budget cuts and a hasty sell-off of state assets. But when it wanted to boost productivity by eliminating some holidays, it ran up against Article 30 of the concordat. The Vatican only permits permanent changes when it fears that otherwise the concordat could be scrapped. Therefore it allowed Portugal to suspend only two of the eight religious holidays, five of which are anchored in the concordat — and only for five years. [2] The government publicly thanked the Vatican and the Portuguese Bishops for this temporary concession….
Concordat with the Holy See and the Portuguese Republic
18 May 2004
The Holy See and the Portuguese Republic,
Recognising that the Catholic Church and the State are, each and severally, autonomous and independent;
Taking into account the deep and historical ties between the Catholic Church and Portugal and bearing in mind the reciprocal responsibilities which bind them together, within the limits of religious freedom, and for the benefit of the common good and the duty of building a society which promotes the dignity of the mankind, justice and peace;
Recognising the Concordat of 7 May 1940, agreed between the Holy See and the Portuguese Republic, and its application has contributed to a considerable extent in to strengthen their historical ties and consolidate the activity of the Catholic Church in Portugal for the benefit of the faithful and for the Portuguese community in general;
Mindful of the need of an up-date in the light of profound changes on a national and international scale, and in particular as regards the Portuguese legal system, the new Democratic Constitution, revised provisions of European Community law and contemporary international law, and in so far as this affects the church, and the evolution of its relations with the political community;
Have agreed to stipulate the following Concordat in the terms laid down:
Article 1
The Holy See and the Portuguese Republic declare the commitment of the state and the Catholic Church to cooperate in promoting the dignity of mankind, justice and peace.
The Portuguese Republic recognises the legal status of the Catholic Church.
Relations between the Holy See and the Portuguese Republic are assured through the auspices of an Apostolic Nuncio, as attaché to the Portuguese Republic, and a Portuguese Ambassador to the Holy See.
Article 2
The Portuguese Republic recognises the right of the Catholic Church to carry out its apostolic mission and guarantees the public and free exercise of its activities, in particular, those of holding religious services, teaching and ministry, as well as in the jurisdiction of ecclesiastical matters.
The Holy See may freely approve and publicise any rules and regulations, legal dispositions or documents relating to Church activities, and communicate without impediment with Bishops, the clergy, and the faithful, who may do the same with the Holy See.
The Bishops and other ecclesiastical persons shall benefit from the same freedom as the clergy and the faithful.
Religious freedom is guaranteed to the Catholic Church, its faithful and legal persons established under the norms of Canon Law, particularly as regards freedom of conscience, worship, assembly, association, the public expression of their faith, and teaching and charitable activities.
Article 3
The Portuguese Republic recognises Sundays as a festive day.
Other days recognised as Catholic feast days are outlined in this agreement in Article 28.
The Portuguese Republic shall make provision as far as is possible that Catholics, within the terms of Portuguese law, can perform their religious obligations on festive days.
Article 4
The cooperation, as outlined in Paragraph 1, Article 1 may include activity carried out within the scope of international organisations which form part of the Holy See and the Republic of Portugal or, without prejudice to the observance of international law, with other associated organisations – bilateral or multilateral, and particularly with countries where the official language is Portuguese.
Article 5
Ecclesiastical persons may not be cross-examined by magistrates or other authorities in matters relating to facts and causes falling within matters of conscience arising from their ministry.
Article 6
Ecclesiastical persons have no obligation to assume jury duties, or become members of tribunals of the same kind, which Canon Law considers to be incompatible with their ecclesiastical status.
Article 7
The Republic of Portugal shall assure, within the terms of Portuguese law, all necessary measures to protect places of worship and clerics to exercise their ministry, as well as to avoid the illegitimate use or abuse of Catholic resources.
Article 8
The Republic of Portugal recognises the legal status of the Portuguese Episcopal Conference within the terms stated and approved by the Holy See.
Article 9
The Catholic Church may freely create, modify, or disband, in accordance with the norms of Canon Law, dioceses, parishes, and other ecclesiastical jurisdictions.
The Republic of Portugal recognises the legal status of diocese, parishes and other ecclesiastical jurisdictions on condition that the act of recognising their legal canonical status has been notified to the competent State organ.
Notification of modifications and disbandment of diocese, parishes and other ecclesiastical jurisdictions, recognised within the terms of the previous paragraph, shall be given to the competent State organ.
The nomination and recall of Bishops shall fall within the exclusive competence of the Holy See, whose decision will be made known to the Republic of Portugal.
The Holy See declares that no part of the territory of the Republic of Portugal shall belong to a Bishop whose seat is subject to a foreign power.
Article 10
The Catholic Church of Portugal shall freely organise itself in accordance with the norms of Canon Law, to modify or deselect canonical legal persons whom the State has recognised as civil legal persons.
The State recognises the status of legal persons in Articles 1, 8 and 9 within the respective terms indicated, as well as those also whose legal status falls within canonical jurisdiction, including those persons in Institutes of Consecrated Life and Societies of Apostolic Life established and notified according to Canon Law to the competent authorities by the diocesan Bishop’s seat or by his legal representatives up to the time this present Concordat comes into effect.
The legal status of legal canonical persons, except those referred to in Articles 1, 8 & 9, who are appointed or shall be notified after the coming into force of this present Concordat, shall be effectuated by means of civil registration in the appropriate state register on the strength of an authentic document issued by the competent ecclesiastical authorities through which their appointment, scope of duties, the identity of the representative agencies and their respective competence shall be defined.
Article 11
The legal status of canonical persons referred to in Articles 1, 8, 9 & 10 shall be subject to Canon Law and Portuguese law, applied by the respective authorities, and have the same civil competency as that accorded to other associated persons of an identical nature.
Canonical or statutory limitations to the capacity of legal canonical people may be opposed by a third party in good faith on condition that it is based on the Code of Canon Law or on other norms published within the terms of Canon Law and, likewise with regard to organisations referred to in paragraph 3 of Article 10 and points mentioned therein, as per the register of canonical legal persons.
Article 12
Canonical legal persons recognised according to Article 10 who, in addition to religious aims, pursue welfare and fund-raising activities in connection with the respective activities of their legal disposition established by Portuguese law, shall enjoy rights and benefits accorded to [legal]persons of private associations whose scope is of the same nature.
Article 13
The State of Portugal recognises the validity of civil marriages celebrated according to Canon Law on condition that the act of marriage has been registered in the appropriate state register.
Wedding bans should be published not only in the respective parish churches but also in the competent registry office.
Weddings conducted on the point of death, at the point of childbirth, or requiring immediate celebration on the express authority of an Ordinary in serious cases of a moral nature may be contracted independently of the prior publishing of bans.
The parish priest shall pass on an unabridged copy of the marriage [record] within three days of the act to the competent register office for the purposes of registration: the transcription must be made within two days and communicated by the respective parish official within the day immediately following that on which it was transcribed, with a note of the date.
Without prejudice to the obligations mentioned in paragraph 4 above, in cases of a breach of the regulations the official responsible under the provisions made in Portuguese law and in canon law, the marriage parties may request an immediate transcription by means of presenting a complete copy of the marriage contract.
Article 14
Canon Law marriage shall assume all civil effects from the date of its celebration if the transcription of the marriage shall be effectuated within seven days. If this does not take place, it shall assume the effects when a third person shall give notice of the marriage from the date of its transcription.
The death of either or both parties to the marriage shall not be an impediment to registration.
Article 15
By celebrating canonical marriage, the married couple shall in front of the Church assume the obligation to hold to Canon Law norms which regulate it and, in particular, to respect the essential properties of canonical marriage.
The Holy See, reaffirming the doctrine of the Catholic Church on the indissolubility of the marriage bond, shall remind the married couple that they have a canonical marriage contract, the grave duty of which is that it is incumbent upon them not to avail themselves of the civil facility of requesting a divorce.
Article 16
The decisions of the competent ecclesiastical authorities regarding the nullity of a marriage and the pontifical dispensation of a marriage ratified but not consummated, subjected to verification by a superior ecclesiastical body, shall have civil consequences at the request of either party, after revision and confirmation within the terms of Portuguese law and by the competent tribunal of the State.
To this end, the competent tribunal shall verify:
- that the claims are authentic
- that they have gone through the competent tribunal
- that the principles evidence and counter-evidence have been equally respected
- that the results do not contradict the principles of the public international order of the Portuguese State.
Article 17
The Republic of Portugal guarantees the freedom to worship by offering help to members of the Armed Forces and Security Forces upon request also by exercising relevant acts of worship.
The Catholic Church assures, according to norms of Canon Law and under the auspices of a military ordinary’s ecclesiastical jurisdiction, religious assistance to members of the Armed Forces and the Security Forces upon request.
The competent State and ecclesiastic authorities may establish, by agreed means, the form and organisation of religious assistance to those mentioned in the paragraphs above.
Ecclesiastical persons may fulfil their military obligations by offering Catholic religious assistance to the Armed and Security Forces, provided their right of conscience is respected.
Article 18
The Republic of Portugal guarantees the Catholic Church the free exercise of religious assistance to persons forcibly interned for reasons of care, assistance, corrective education or similar, or detention in jail or similar institutions, and under normal conditions, the right to religious freedom and anyone demanding the same.
Article 19
The Republic of Portugal, in keeping with an ethos of religious freedom and the duty which behoves the State to cooperate with parents in the up-bringing of their children, guarantees the conditions necessary to ensure, within the terms of Portuguese law, the teaching of Religion and Catholic Morality in public educational institutions at the secondary level, without any form of discrimination.
The frequency of Religious and Catholic Moral Teaching in public secondary institutions shall depend on the expressed declaration of the interested parties or, in the absence of their legal capacity, of their parents or legal representative.
In no case may the teaching of Religion and Catholic Morality be carried out by persons not deemed to be fitting by the competent ecclesiastical authority, who shall certify the nominated person within terms provided for by Portuguese law and Canon Law.
Teachers of the Religion and Catholic Morality shall be appointed or taken on subject to contractual employment, transferred or withdrawn from carrying out their teaching duties on behalf of the State by the agreement with the competent ecclesiastical authority.
- The definition and content of the teaching of Religion and Catholic Morality falls within the exclusive competence of ecclesiastical authorities, in keeping with the general orientation of the Portuguese educational system.
Article 20
The Republic of Portugal recognises the right of the Catholic Church to establish seminaries and other forms of training and religious culture.
The internal organisation of training institutions and religious culture are not subjected to State control.
The recognition of civil effects of study, of grades and certificates obtained in training institutions and establishments of religious culture regulated by Portuguese law shall be respected, without any form of discrimination, as equivalent to studies of an identical nature.
Article 21
The Republic of Portugal guarantees the Catholic Church and to legal canonical persons recognised under the provisions of Articles 8 to 10 within the scope of the freedom to teach, the right to found and run schools of education and training of all levels in accordance with Portuguese law, without being subjected to any form of discrimination.
The grades, qualifications, and diplomas obtained in schools, as outlined in the previous paragraph, shall be recognised within the terms laid down by Portuguese law for schools of a similar nature and quality.
The Catholic University of Portugal, erected by the Holy See on 13 October 1967 and recognised by the Portuguese State on 15 July 1971 shall carry out its own activities in accordance with Portuguese law within the preceding terms in accordance with its specific institutional nature.
Article 22
The immovable property, as designated by Article VI of the Concordat of 7 May 1940, classified as ‘national monuments’ or as ‘of public interest’ shall remain in the permanent service of the Church. Their conservation, reparation and restoration shall fall to the State and works carried out will be according to a plan established by mutual agreement with ecclesiastical authority, to avoid disturbing religious usage: the custody and internal running of the church shall fall to the Catholic Church, especially as regards visiting times, which an official nominated by the State to direct times, may intervene in.
Objects designated for religious worship and kept in State museums and other public institutions are to be on permanent loan for religious ceremonies in the church to which they belong, if these objects are located on the same premises in which the said objects are securely kept. Such concessions shall be made upon request by the competent ecclesiastical authority, who shall have care of the custody of the loaned objects, and who shall have the responsibility for their safe keeping.
In other cases, and for justifiable motives, a responsible officer of the State and the Church may grant a temporary concession for religious objects to be used in their respective place of origin or in another suitable place.
Article 23
The Republic of Portugal and the Catholic Church declare their duty of protection, appreciation and enjoyment of both moveable and immovable goods which are the property of the Catholic Church or of recognised legal canonical persons which is an integral part of the cultural property of Portugal.
The Republic of Portugal shall recognise that the true purpose of ecclesiastical property shall be safeguarded by Portuguese law, without in any way detracting from their other purposes as objects of cultural value, and respecting the principle of cooperation.
The competent authorities of the Republic of Portugal and those of the Catholic Church agree to create a bilateral Commission for the promotion of cooperation regarding property of the Church which constitutes an integral part of the cultural heritage of Portugal.
The Commission mentioned in the previous paragraph shall have the duty to promote the protection, appreciation, and enjoyment of Church property, and the particular help of the State and other public bodies for the necessary processes of identification, maintenance, security, restoration and functioning, without any form of discrimination in relation to similar property whose duty it is of the said Commission to promote, whenever possible, within the stipulations set out in Article 28′.
Article 24
No church, edifice, annex, or object assigned for Catholic worship may be demolished, occupied, re-sited, altered, or designated by the State and other public bodies for any other ends, without the prior agreement of the competent ecclesiastical authority and for urgent reasons of public necessity.
Consultation with the competent ecclesiastical authorities in cases of requisition or expropriation for public use shall always be made, and also in cases of mounting indemnity. In either case, no act of appropriation or non-religious use shall be made without the property being divested of its religious character.
The competent ecclesiastical authority has the right to prior consultation when necessary restorations or when the process of making an inventory or classification as cultural property is undertaken.
Article 25
The Republic of Portugal declares its duty to allocate space for religious ends.
Authorities for territorial planning shall provide places designated for religious purposes.
The Catholic Church and legal ecclesiastical persons have the right to prior consultation, to exercise within the terms of Portuguese law, as regards decisions about the designation of spaces for religious purposes by the territorial planning authorities.
Article 26
The Holy See, the Portuguese Bishops’ Conference, dioceses and other ecclesiastical jurisdictions, and also other juridical canonical persons appointed by competent ecclesiastical authorities for the pursuance of religious ends, once their civil status is recognised under the terms of Articles 9 & 10 shall not be subjected to any tax on:
- offerings of believers made in the exercise of worship and rites
- donations given for the pursuance of religious ends
- public collections received for religious ends
- the free distribution of publications containing declarations, notices, or instructions on religious matters and their display in places of worship.
The Holy See, the Portuguese Bishops’ Conference, dioceses and other ecclesiastical jurisdictions, and also other juridical canonical persons appointed by competent ecclesiastical authorities for the pursuance of religious ends, for which their legal civil status is recognised as set out in Articles 9 & 10, are exempt from any form of tax or general payment, regional or local, on:
- places of worship and other immovable property or parts of them specifically designated for religious purposes
- installations in the direct and exclusive service of activities with a religious purpose
- seminaries or other such institutions designated for ecclesiastical training or for the teaching of the Catholic religion
- annexes or adjuncts of immovable properties described in the previous clauses (a) to (c) used by private institutions offering social solidarity [social services].
- gardens and spaces in front of immovable properties as described in points (a) to (d) above, when not destined for profit-making ends
- moveable property of a religious nature forming an integral part of immovable property, as mentioned in previous clauses, or their accessories.
The Holy See, the Portuguese Bishops’ Conference, dioceses and other ecclesiastical jurisdictions, and also other juridical canonical persons appointed by competent ecclesiastical authorities for the pursuance of religious ends, once the legal civil status is recognised as set out in Articles 9 & 10, are exempt from revenue stamp and from all taxes relative to the transference of goods which might affect:
- large purchases of immovable property for religious purposes
- any acquisition made free of charge of property for religious purposes
- deeds for the institution of foundations, once registered in the appropriate State register within the scope of Article 10 above.
The ecclesiastical authority responsible for foundations destined for the Catholic Church in the terms laid out in the following Article, is exempt from any tax on the aforementioned origin of revenue.
Legal ecclesiastical persons cited in the previous paragraphs, when carrying out their activities for purposes other than religious, and considered to be such by Portuguese law, namely, amongst others, those of social solidarity [social services], educational and cultural activities, as well as commercial and profitable activities, shall be subject to the usual fiscal arrangements which apply to their respective activities.
The Republic of Portugal assures that donations given to legal canonical persons, outlined in previous paragraphs and to whose legal civil status is recognised within the framework of this Concordat shall make a tax contributions in the form of an income tax return within the terms and limits of Portuguese law.
Article 27
The Bishops’ Conference of Portugal shall exercise the right to include the Catholic Church in the system of collecting of tax revenues as provided for in Portuguese law.
The inclusion of the Catholic Church in the system as outlined in the previous paragraph shall be the object of a mutual agreement between the competent bodies of the Republic of Portugal and the competent ecclesiastical authorities.
Article 28
The contents of this present Concordat may be developed through agreements laid down by the Catholic Church and the Republic of Portugal.
Article 29
The Holy See and the Republic of Portugal shall convene to create within the scope of this present Concordat and by way of developing the principle of cooperation, a Joint Committee.
The tasks of the Joint Committee noted above shall be:
- to find a mutually agreeable solution in cases of doubt to problems of interpreting this Concordat
- to suggest any other measures for the better execution of this Concordat
Article 30
Given that it was not stipulated in Article 3, the Republic of Portugal shall recognise the following feast days: New Year’s Day and the Day of the Most Holy Mother of God (1 January); Corpus Domini, the Assumption of the Blessed Virgin Mary (15 August); All Saints’ Day (1 November); Feast of the Immaculate Conception (8 December); Christmas (25 December).
Article 31
Existing juridical provisions and those drawn up as the basis for the Concordat of 7 May 1940 and of the Missionary Agreement remain unaltered.
Article 32
The Holy See and the Republic of Portugal shall continue to work through, revise, and publicise legislation complimentary to this agreement as becomes necessary.
In view of the statement of the previous paragraph, the Holy See and the Republic of Portugal shall carry out reciprocal consultations.
Article 33
The present Concordat shall come into effect upon the exchange of letters [“instruments”] of ratification, supplanting the Concordat of 7 May 1940.
Signed in triplicate authentic copies in Italian and Portuguese in the presence of witnesses on 18 May 2004.
For the Holy See – Angelo Cardinal Sodano, Secretary of State
For the Republic of Portugal – José Manuel Durão Barroso, Prime Minister of Portugal
Source:
Concordatotra la Santa Sede e la RepubblicaPortoghese (18 maggio 2004)
Concordata entre a Santa Sé e a República Portuguesa (18 maio 2004)
http://spcp.prf.cuni.cz/dokument/port-kon.pdf
Translated from the Italian by Dr. David Holohan
Notes
- Manuel Malheiros, Executive summary, Religion/Portugal, European Commission Report [on the implementation of anti-discrimination laws], 21-06-2004. (translated) http://ec.europa.eu/employment_social/fundamental_rights/pdf/aneval/religion_pt.pdf
- “Portugal cancels holidays after Vatican talks”, CNN, 9 May 2012. http://religion.blogs.cnn.com/2012/05/09/portugal-cancels-holidays-after-vatican-talks/
“Portugal scraps four public holidays in austerity drive”, BBC News, 8 May 2012. http://www.bbc.co.uk/news/world-europe-17998937
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Portuguese Culture
Core Concepts
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Religion
Religion, particularly Catholicism, has played a significant role in social and political life throughout Portuguese history. Throughout most of Portugal’s history, few non-Catholics lived in the country. Restrictions and prohibitions on people’s freedom to practise their religion hampered those who did attempt to practise a non-Catholic religion. This changed after the Revolution of the Carnations in 1974; the constitution was rewritten to guarantee all people the right to practise their religion. Moreover, the Catholic Church and state were formally separated, ushering a new era of secularisation in Portugal.
Today, the vast majority of Portuguese identify as Roman Catholic (81%).1 However, most consider themselves as non-practising. For many, national and cultural identity is often linked to Catholicism, rather than purely a religious affiliation. Of the remaining population, 3.3% identify with some other denomination of Christianity, 0.6% identify with some other religion (including those who identify as Jewish or Muslim), 6.8% identify with no religion, and 8.3% did not specify a religious affiliation.2
Catholicism in Portugal
Christianity was introduced to Portugal when the country was part of the Roman Empire. In fact, the presence of Christianity and Catholicism predates the establishment of Portugal as a nation-state. Thus, Catholicism has played a significant role in shaping the country. As a branch of Christianity, Catholicism presents the doctrine of God as the ‘Holy Trinity’, consisting of the Father, the Son and the Holy Spirit. Like most Catholics, those Portuguese who are active in their faith accept the authority of the priesthood and the Roman Catholic Church, which is led by the Pope.
The traditional importance of Catholicism in Portugal is most evident in the physical organisation of nearly every village in the country. Village churches were often in highly prominent locations, such as in the main square or on a hilltop overlooking the village. Many churches were beautifully crafted in the 16th century during the height of Portugal’s colonial expansion. These churches are still found throughout the country and are often the place where various celebrations take place, such as the annual village festas (festivals).
Catholic traditions that commemorate major life events such as birth, marriage and death are very important. One’s ‘baptismo’ (baptism) is particularly important. During one’s baptismal, an infant is given a ‘padrinho’ (godfather) and ‘madrinha’ (godmother). This couple is given the responsibility to care for the child’s spiritual and physical welfare should the parents of the child pass away. However, apart from major celebrations, church attendance is quite low. Generally, people who reside in cities and larger towns (particularly in Lisbon and the south) are less involved in the daily practice of Catholicism. On the other hand, those residing in central and northern Portugal tend to show their religiosity more. For example, attendance of Mass, honouring saints, processions and celebrating religious holidays are participated in more devoutly.
‘Romarias’ (pilgrimages) to regional shrines are also a core religious practice, especially in northern Portugal. One of the most common pilgrimages is to the village of Fátima, where it is believed that the Virgin Mary appeared several times to three children in 1917. Since this time, hundreds of thousands of pilgrims have visited the holy shrine in Fátima, with the hope that the pilgrimage may bring about healing.
1 Central Intelligence Agency, 2020
2 Central Intelligence Agency, 2020
Freedom of Religion Act
The constitution of 1976 guarantees all religions the right to practice their faith. Non–Roman Catholic
groups came to be recognized as legal entities with the right to assemble. Portuguese who were both
not Roman Catholics and were conscientious objectors had the right to apply for alternative military
service.
Although Church and State were formally separated during the Portuguese First Republic (1910–1926), a
separation reiterated in the constitution of 1976, Roman Catholic precepts continue to have a significant
bearing in Portuguese society and culture.