Legal framework on freedom of religion and actual application
Under the 2019 constitution, issued under the transitional government (2019-2021), non-discrimination on the basis of religion is recognised in Article 4 (1). Article 43 establishes the obligation of the state to protect such a right. Article 56 focuses on “freedom of religion and worship”, stating that everyone has the right to freely express their religion, and no one can be forced to convert or practice any rituals that “they do not voluntarily accept. According to Article 66, all ethnic and cultural groups have the right to enjoy their own private culture and to develop it freely. The members of such groups have the right to exercise their beliefs, use their languages, observe their religions or customs, and raise their children in the framework of such cultures and customs.
Before the 2019 constitution, however, Sudan’s intense persecution of religious minorities led thousands of Christians, Jews and other non-Muslims to emigrate, and in 2011 resulted in the creation of a new Christian majority country, South Sudan.
Since 2019, the transitional government headed by Prime Minister Abdalla Hamdock, repealed the public order law used by the former regime to oppress those who disagreed with its interpretation of Sunni Islam. In July 2020, the government passed the Fundamental Rights and Freedoms Act of 2020, which repealed the apostasy law, ended flogging as a punishment for blasphemy, banned female genital mutilation (FGM), permitted non-Muslims to drink alcohol, and abolished the guardianship law, which required women to get a permit from a male guardian for traveling abroad with their children.
Several new regulations and contacts with armed groups by the transitional government appeared to consolidate hopes for stability. In October 2020, a peace agreement was signed a with a number of these. During 2021, the authorities continued to expand representation of historically marginalized communities in the government. In March 2021, another peace agreement was signed with more armed groups, though the Sudan People's Liberation Movement – North (SPLM-N) refused to join as it demanded secularism as a precondition to ending armed conflict.
In April 2021, the transitional government approved laws allowing non-Islamic banking to attract international investment and reintegrate with the global economy. In August 2021, Khartoum welcomed the International Criminal Court (ICC) Prosecutor Karim Khan to discuss transitional justice measures relating to the Darfur genocide; specifically, that former president al-Bashir and collaborators be brought to justice for crimes against religious minorities, victims of the former regime.
In late 2020, to encourage the return of religious minorities, the government attempted to change the school curriculum concerning religion rendering it less discriminatory against non-Muslims. By January 2021, the effort faced criticism from all sides with Omar al-Garrai, the director of Sudan’s National Center for Curriculum and Educational Research, receiving death threats after some imams publicly called him an “infidel”. Al-Garrai resigned, the initiative collapsed, and the education curriculum remains as before.
Incidents and developments
Following a months-long uprising beginning in December 2018, the September 2019 change in government was a watershed for Sudanese human rights, including religious freedom: Christmas Day was restored as a public holiday, a Christian woman was appointed to the nation’s interim ruling Sovereign Council, and Sudan’s (Muslim) Minister of Religious Affairs, Nasr al-Din Mufreh, apologised during a Christmas Day press conference for Sudan’s historical Christian persecution.
In September 2020, Sudan constitutionally became a secular state ending 30 years of Islamic rule. The civilian government won international praise for the promotion of religious freedom, removing Islam as the state religion, and dropping the death penalty for apostasy. Sudanese Christians were greatly encouraged as the changes moved their government away from the discriminatory practices of al-Bashir’s regime, who already in 2011 said that he wanted to adopt a “100 percent” Islamic constitution after the secession of the Christian majority South Sudan.
The liberalisation process ended abruptly when General Abdel Fattah al-Burhan took control of Sudan’s government in a military coup on 25 October 2021. Notwithstanding widespread protests and international condemnation, the military carried out widespread arbitrary detentions and, in an effort to roll back progress made under the previous democratic government, appointed senior civil servants close to the former al Bashir regime.
During the al-Bashir period, violations of freedom of religion or belief were primarily perpetrated by the government and its agencies. During the period leading up to the coup of October 2021, however, there was an increase in violations by non-state actors, which were not properly investigated, and perpetrators rarely brought to justice. This might be due to “members of the former al-Bashir regime, and the former ruling party, the National Congress Party (NCP), being prohibited from participating in the transitional administration and working in the meantime to stoke tensions between communities”. Some highlighted incidents include:
In August 2020, a building belonging to the Sudanese Church of Christ (SCOC) burned down in the city of Omdurman. In May 2021, the building was in the process of being rebuilt when a local prosecutor ordered Church leaders to stop construction. The Church leaders argued that the church was on public land. On the morning of 27 May, the building was demolished.
On 2 July 2021, Boutros Badawi, a Christian activist and advisor to Sudan’s Minister of Religious Affairs, was attacked in Khartoum by armed men who beat and threatened him. A spokesperson from Christian Solidarity Worldwide stated: “One assailant pointed a gun at Mr. Badawi’s head and threatened to kill him if he continued to say anything about confiscated properties belonging to churches, or the issues surrounding the Sudan Presbyterian Evangelical Church committees”.
On 21 February 2022, Sudanese Church of Christ (SCOC) members arrived at a local church, used by multiple Christian communities, to face an order posted on the door signed by the Neighbourhood Youth Association banning all religious activities, warning legal action if non-compliance. According to Christian Solidarity Worldwide sources, “the order had been issued by extremists and not the neighbourhood committee, whose members have been living in peace with Christians and do not agree with the extremists.” On 27 February, Church members finding the building padlocked, nonetheless entered and began a short prayer service. Police interrupted the service, allowed them to finish prayers, and arrested Church leaders. “The men were taken to the police station and interrogated for several hours before being released without charge. After their release the church leaders met with the Area Director […] and urged him to intervene; however, the official said he is powerless to act in this situation”.
On 10 April, an individual entered a SCOC liturgy in Gezira State attacking a leader and several members, some of whom were injured. Two further men joined in the assault destroying furniture and ripping up bibles. The Church leader and victims tried to enter a criminal complaint, but were rebuffed by the police, told that that this would only worsen the situation. On Easter Sunday, 17 April, the attacker and the pastor appeared before court both charged with disturbing the peace.
Sudan’s anti-apostasy law was abolished in 2019. However, this reform along with many others have been under threat since the October 2021 military coup. On 22 and 28 June 2022, four Christians were arrested at the Sudanese Baptist Church in west Sudan, for allegedly breaking anti-apostasy laws. In the first instance, they were released the same day, but in the June 28 arrest they were they were held until July 5.
Some cases of apostasy are still brought to trial. An incident of note is that of Nada and Hamouda. The couple were both Muslims when they married in 2016. In 2018, Hamouda converted to Christianity and Nada’s family successfully appealed to have a Sharia court dissolve their marriage. In 2020 apostasy was decriminalized. Nada converted to Christianity in 2021 and returned to her husband. Nada’s brother then addressed the case to a criminal prosecutor declaring the marriage to be adulterous. The case is pending, though, if found guilty, both Nada and Hamouda could suffer 100 lashes each with Hamouda potentially facing an additional year in exile.
Prospects for freedom of religion
In September 2020, Sudan, after 30 years of Islamic rule, became a constitutionally secular state. Fr Peter Suleiman, general secretary of the Sudanese bishops’ conference, welcomed the change stating that Sudanese people can now “worship and practice their various religious beliefs without fear.”
A year later, the authoritarian rule, and fear, was back. In 2022, demonstrations against the military regime have escalated in greater Khartoum organised by Resistance Committees. Security forces, responding with violence, have reportedly killed 50 demonstrators.
In a January 2022 Christmas and New Year message, Bishop Yunan Tombe Trille, President of the Bishops’ Conference of Sudan and South Sudan stated: “the new Sudan that everyone seeks is ‘better with the cooperation of every Sudanese who is proud of his being a Sudanese, whether military or civilian without hateful tribalism or racism.’” Bishop Trille then called on every Christian believer to pray for everyone, as well as those in authority, “so that we may lead a quiet and tranquil life in all devotion and dignity.” Prospects for religious freedom are negative.
Sudan