Status
The INC provides for freedom of religion throughout the entire country, but disparities in the legal treatment of religious minorities exist between the north and south. The INC preserves Shari'a as a source of legislation in the north. The Constitution of Southern Sudan provides for freedom of religion, and other laws and policies of the GoSS contribute to the generally-free practice of religion. The INC and the Constitution of Southern Sudan both deny recognition to any political party which discriminates on the basis of religion. There are no legal remedies to address constitutional violations of religious freedom by government or private individuals.
Although there is no penalty for converting from another religion to Islam, converting from Islam to another religion is punishable by imprisonment or death in the north; however, a death sentence for apostasy has never been carried out by the current government. The government supports Islam by providing funds for mosque construction throughout the north; it also exerts influence over the established Muslim hierarchy by retaining the right to appoint and dismiss imams in most northern mosques. Blasphemy and defaming religion are punishable by imprisonment in the north, although these restrictions are rarely enforced. Authorities in the north occasionally subject converts to scrutiny, ostracism and intimidation, or encourage them to leave the country. In the south, there are no penalties for apostasy, blasphemy, or defaming religion; proselytizing is common.
The government has codified limited aspects of Shari'a law into criminal and civil law, with penalties dependent on the religion of the accused. For instance, the consumption of alcohol is punishable by 40 lashes for a Muslim and 20 for a Christian; however, there were no reports of this punishment being implemented during the reporting period. The GNU observes both Muslim and Christian holidays, including Eid al-Adha, the Islamic New Year, the Birth of the Prophet Muhammad, Coptic Easter, Israa Wal Mi'Raaj, Eid ul-Fitr and Christmas. In the south, GoSS offices do not observe Islamic holy days. Religious groups are required by law to register with the government as non-governmental organizations (NGOs), although this requirement is not enforced. Religious organizations must register as nongovernmental, nonprofit organizations to claim exemption from taxes and import duties. All religious groups must obtain permits from the national Ministry of Guidance and Social Endowments, the state Ministry of Construction and Planning, and the local planning office before constructing new houses of worship.
Shari'a apostasy penalties within the legal code limit Christian missionary activities in the north, and the government customarily delayed the issuance of visas to foreigners with affiliations to international faith-based organizations for long periods. The GoSS does not restrict the presence of foreign missionaries, and does not require them to register. Under the state-mandated curriculum, all schools in the north are required to teach Islamic-education classes from preschool through university. All classes must be taught in Arabic, although English may be taught as a foreign language. Public schools are not required to provide any religious instruction to non-Muslims, and some public schools excuse non-Muslims from Islamic-education classes. Private schools must hire a special teacher for teaching Islamic education, even in Christian schools. Christian leaders cite these requirements as exacerbating problems in the relationship between the Muslim majority and the Christian minority, marginalizing Christianity's place in northern society.
National government offices and businesses in the north follow the Islamic workweek, with Friday as a day of prayer. Employers are required by law to give their Christian employees two hours before 10:00 a.m. on Sunday for religious purposes; in practice many employers do not, and there was no legal remedy. Public schools are in session on Sunday; Christian students are not excused from classes. Most Christians adapt by worshiping on Friday, Saturday, or Sunday evenings. GoSS offices and businesses in the south follow the Monday-through-Friday workweek, with Sunday a day of religious observance. Employers in the south generally do not give their Muslim employees two hours on Friday for religious purposes, as required under law in the north. Schools in the south are in session on Friday, and Muslim students are not excused from class.
The Comprehensive Peace Agreement of 2005 (CPA) mandated the creation of a Commission for the Rights of Non-Muslims in the National Capital, a mechanism designed to advise the courts on how to fairly apply Shari'a to non-Muslims. The commission (with representatives from Muslim, Christian, and traditional religious groups) met several times during the reporting period. Although it made little headway in changing official government policy towards non-Muslims in Khartoum, the commission created a forum for dialogue on religious matters that was previously nonexistent; it obtained release or leniency for some non-Muslims arrested for violating Shari'a law.
Read more about this topic: Freedom Of Religion In Sudan
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