Legal framework on freedom of religion and actual application
South Sudan has no new constitution since its creation. General elections, the first since independence from Sudan in 2011, were first scheduled to be held by 9 July 2015, which would be followed by a constitutional process, but the country is still awaiting these elections, now scheduled for 2024.
The current Transitional Constitution of the Republic of South Sudan, ratified on 9 July 2011 and subsequently amended in 2013 and 2015, enshrines in Article 8 the separation between religion and state, guarantees that all religious groups are treated equally, and states that religion should not be used for divisive purposes.
Under Article 14, all persons are “equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status”.
Article 23 details religious rights in the country.
Generally, there is a high degree of openness in South Sudanese society towards religion. Christian and Muslim groups take part in common initiatives and religious communities can register with the Ministry of Human Affairs through the Relief and Rehabilitation Commission. During most public events, Christian and Muslim representatives read prayers, and the government usually provides translation from English to Arabic.
Several religious groups are also represented in government institutions. President Kiir Mayardit is a Catholic, while Sheikh Juma Saaed Ali, a high-level advisor on religious affairs, is a leader of the Islamic community of South Sudan.
Although not mandatory, religious education is “included in public secondary school and university curricula” with students free to choose between courses on Christianity or Islam. Private religious schools are free to set their religious education programs.
Incidents and developments
9 July 2021 marked the 10th anniversary of South Sudan’s independence. After an end to 22 years of war with the north, the initial two years of joyous freedom fragmented into intercommunal violence and civil war. Today, although a peace agreement is in place, the future of this fledgling state is still precarious. According to a July 2021 report, the NGO Médecins Sans Frontières (MSF) stated: “Today, 8.3 million people – more than two-thirds of the population – are estimated to be in dire need of humanitarian assistance and protection. In what is the largest refugee crisis in Africa, 2.2 million South Sudanese people are sheltering in neighbouring countries. More than 1.6 million people remain internally displaced”.
The fragile health system is also under pressure, unable to meet the needs of the population. The South Sudanese suffer death, displacement, disease, and psychological trauma. MSF has recorded “three to five children a day dying from preventable diseases – such as malaria – in different refugee camps and PoC sites”.
Human rights remain under threat. A 31 March 2021 Annual Brief on Violence Affecting Civilians, published by the Human Rights Division of the UN Mission in South Sudan documented “the killing of 2,421 civilians in 2020, more than double the previous year.” The report noted that the violence was limited to certain regions and mainly involved community-based militias. A 9 July 2021 Human Rights Watch report identified factors such as “spillover grievances from the war and competition over land, cattle, and grazing”, that have resulted in “hundreds of thousands of people being killed or displaced”, that “violence between communities has increased” and that “political and military leaders have added to the violence by supplying weapons to communities.”
Given the concerns regarding South Sudan’s government and political elite, with security forces also suspected of human rights violations, religious leaders are often the only social actors with the necessary credible moral authority to denounce acts of violence and injustice. This quasi-prophetic role often jeopardises the personal safety of those faith leaders who speak out.
On 16 May 2021, 13 were killed and 8 were injured in an attack on the northern village of Dungob Alei. Archbishop Justin Badi-Arama called for prayers and said that "the village has been barbarically attacked by militiamen of Sudan”. Although the identity of the attackers is unknown, the Episcopal Church of South Sudan noted that the location of the Diocese of Abyei is in “an area that experiences Islamic encroachments followed by harassment, intimidation and frequent attacks carried out by Arab Islamic militias.”
In June 2021, four Church members, including a pastor and a child, were killed by men in uniform in Lainya County, Central Equatoria State. Archbishop Paul Yugusuk of the Central Equatoria State Internal Province of the Episcopal Church of South Sudan, stated Pastor Comas Kwaje Matayo was kidnapped along with three parishioners while leading Sunday services. All four were later killed.
On 16 August 2021, unknown attackers on a highway near Juba assaulted a passenger van with Roman Catholic faithful killing five people, amongst them two Catholic nuns, Sisters Mary Abbud and Regina Robe. The pilgrims were returning from Loa Parish following celebrations in honour of the church’s 100th anniversary.
On 31 December 2021, Archbishop Paul Yugusuk stated three soldiers of the South Sudan People's Defence Forces (SSPDF) “forced Christians to drink alcohol, looted civilians, and forced five men into a hut before setting it on fire in Lainya County on Christmas Eve.” Although the five men were able to escape the burning hut, three women were abducted and fifteen members of the community were injured. The bishop stated: “My dear government and SSPDF, this is a time of peace, a time of Christmas and we don’t expect our Christians to be forced to drink alcohol and locked inside a hut to be burned to death.”
In January 2022, Islamist extremists attacked a Christian community in the village of Yith Pabol. In the assault 28 people were killed and 57 houses were burned. On 6 January, Bishop Joseph Mamer Manot stated that “massive displacement has happened, and the humanitarian situation is alarming as food and other property have been burned down into ashes, leaving survivors with no shelters, no food and no safe drinking water”. During the same week a similar attack was reported in neighbouring village of Miodol, in which four people died.
On the 14 February, an attack on the Aneet market killed a church elder and destroyed several religious buildings. Of those destroyed were buildings belonging to the Pentecostal Church and Sudan Presbyterian Evangelical Church (SPEC), as well as a local mosque, while buildings belonging to the Episcopal and Catholic churches were damaged. The Tuj Ajakjch tribe which assaulted Aneet town, claimed that “it belongs to them”, instructing all residents to leave.
On 27 February, two leaders from the Sudanese Church of Christ (SCOC) were arrested. Church member Dalman Hassan stated that “Christians were blamed for ‘hostility towards Islam’ because they held services on the Muslim day of mosque prayer” and further that the “hardline Muslims also charged the church with providing food to children to win them to Christianity and with taking their land for the worship building.” Both Christians were released within 24 hours of their arrest.
After repeated delays due to security concerns, Pope Francis was scheduled to visit South Sudan from 5-7 July 2022. The Nuncio stated, “Pope Francis is very serious about reconciliation for justice to prevail, I think he intends to be that bridge between the opposing parties in South Sudan to bring people together.” However, on 10 June 2022, Pope Francis again postponed his Africa trip due to severe knee pain, though clarifying “postponing is not cancelling”. The Archbishop of Canterbury Justin Welby said of their common trip, he was praying for Pope Francis, his “beloved brother”, stating: “I share your disappointment that our trip to South Sudan has been cancelled”. Welby added: “I'm thinking about the people of South Sudan, their challenges, and their hopes for peace, and I hope to make this historic visit someday.”
On 2 July, the day that the Apostolic Journey was to begin, Pope Francis sent a video message both to the Democratic Republic of Congo and Sudan to express his deep sorrow: “The Lord knows the extent of my regret at being forced to postpone this much-desired and long-awaited visit. Let us not lose faith, but rather cherish the hope of meeting as soon as possible.”
From 1 – 8 July 2022, Cardinal Pietro Parolin, the Secretary of State of the Holy See, undertook, as a representative of the Pope, a journey to South Sudan. During his visit, he met with those who were internally displaced and affected by the floods in Bentiu, Unity State, in addition to several other pastoral and political commitments. Cardinal Parolin was received at the highest levels of government: the President of the Republic of South Sudan, the Vice Presidents, other officials of the administration, and representatives from the country's various Christian and Muslim religious communities were among the thousands who attended the Holy Mass. Cardinal Parolin focused on the need to ensure stability with the Revitalized Peace Agreement, a treaty that expires in February 2023 and that has yet to be put into effect. President Salva Kiir said: “I said no to new wars. People may not have seen the events, but they have heard the silence of the guns.”
Prospects for freedom of religion
Although a unity government is formed, the official ceasefires are holding, multiple peace treaties have been concluded, and efforts to move the peace process forward are encouraging, the situation for civilians on the ground remains dire and violence is still present in the country. Between August and December 2022 alone, “at least 166 civilians have been killed and 237 injured […] as clashes have intensified between armed elements, and between rival community-based militias in the region. Over 20,000 people have been displaced […]. Reports indicate random shooting of civilians.”
As the vast majority of the population is Christian, incidents of violence recorded against Christian faithful were less related to religious freedom than to other issues. Notwithstanding this, attacks from Islamist extremists were recorded in northern regions experiencing Islamic encroachment. The situation for religious freedom should remain under observation.
South Sudan