Sudan

Sudan, an Arab republic in which the predominant religion is Islam, has long suffered from severe ethnic strife and has been plagued by internal conflict. Sudan’s long civil war has given the country a poor human rights record, and has led to large numbers of internal displacements within the country. Approximately 97% of the population is Sunni Muslim, with most of the remaining 3% being Christian.[ref]https://www.meconcern.org/countries/sudan/[/ref] Sudan is a member of the League of Arab States (LAS), as well as the Organization of Islamic Cooperation (OIC).

Sudan is currently undergoing a political transition, which began in July 2019 with the overthrow of former President Omar al-Bashir, and aims to dismantle some of the hardline Islamist policies of the former regime and achieve peace and democracy through civilian rule.[ref]https://www.chathamhouse.org/expert/comment/can-sudan-achieve-peace-and-democratic-transition[/ref] Currently, as part of a power sharing deal between the ruling Transitional Military Council (TMC) and the opposition Forces for Freedom and Change (FFC) coalition, a 11-member sovereign council composed of six civilians and five military officers has been appointed to govern the country for a three-year transition period (until 2022).[ref]https://www.aa.com.tr/en/africa/profile-members-of-sudans-sovereign-council/1561302[/ref]

Sudan’s former President al-Bashir was convicted of corruption charges by a Sudanese court and is currently serving a two year prison sentence. He is also wanted by the International Criminal Court (ICC) to stand trial for genocide, crimes against humanity and war crimes over Sudan’s military campaign in Darfur (2003-2008), in which an estimated 300,000 people were killed.[ref]https://edition.cnn.com/2020/07/21/africa/sudan-omar-al-bashir-trial-intl/index.html[/ref] In August 2020, Sudan’s Prime Minister, Abdalla Hamdok, stated that Sudan would be prepared to cooperate with the ICC, and indicated that al-Bashir and other Sudanese officials facing ICC charges would be handed to the ICC.[ref]https://www.aljazeera.com/news/2020/08/sudan-cooperate-icc-war-crimes-charge-bashir-200823011112955.html[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
State legislation is largely or entirely derived from religious law or by religious authorities
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Prohibitive interreligious social control (including interreligious marriage bans)
Religious control over family law or legislation on moral matters
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Constitution and government
State legislation is largely or entirely derived from religious law or by religious authorities
Education and children’s rights
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Family, community, society, religious courts and tribunals
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Prohibitive interreligious social control (including interreligious marriage bans)
Religious control over family law or legislation on moral matters
Freedom of expression advocacy of humanist values
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Grave Violations
Severe Discrimination
More information about rating table

Constitution and government

Following al-Bashir’s ousting, the TMC and the FFC signed an interim constitutional declaration (the “2019 Declaration”).[ref]https://perma.cc/K78K-FDGY[/ref]

The 2019 Declaration contains several provisions protecting the right to freedom of religious belief and worship “in accordance with the requirements of the law and public order”. It repeals the Transitional Constitution of 2005 and the constitutions of all Sudanese provinces.[ref]https://www.loc.gov/law/foreign-news/article/sudan-new-law-amending-penal-code-takes-effect/#:~:text=The%20new%20law%20abolishes%20the%20penalty%20of%20flogging%20imposed%20on,12%2C%20art.[/ref] However, laws promulgated pursuant to the 2005 Constitution will remain in effect until such time as they are abolished or new laws are passed repealing them.

A raft of legal amendments were passed in July 2020 in order to bring the country’s laws in line with the democratic ideals of the 2019 Declaration. These include amendments to abolish the crime of apostasy;[ref]https://www.bbc.co.uk/news/world-africa-53379733[/ref] to end the death penalty and flogging for same-sex relationships (but keeping a possible sentence of prison terms ranging from five years to life);[ref]https://www.reuters.com/article/us-sudan-lgbt-rights-trfn/great-first-step-as-sudan-lifts-death-penalty-and-flogging-for-gay-sex-idUSKCN24H30J[/ref] to permit children to travel with their mothers without permission from male members of their family; to ban female genital mutilation (FGM); to repeal some laws restricting women’s dress; and to allow consumption of alcohol for non-Muslims.[ref]https://perma.cc/LT84-NXRE[/ref]

While many in Sudan have celebrated the reforms, loyalists of al-Bashir and Sudan’s Islamic parties, including the Popular Congress Party (PCP), have denounced them. Famous Sudanese cleric Abdul Hai Youssef called for “jihad” against Hamdok’s government, stating that “bringing down this government, which has legalised apostasy and other wrongdoings, is a duty for any Muslim.”[ref]https://perma.cc/LT84-NXRE[/ref] In March 2020, an unsuccesful assassination attempt was carried out against Prime Minister Hamdok, who is widely seen to be leading the reforms.[ref]https://www.bbc.co.uk/news/world-africa-51800278[/ref]

Meanwhile, progressive activists have pointed out that reforms so far have been piecemeal, and many problematic and discriminatory laws in Sudan remain in effect, including a law against blasphemy under Article 125 of the Penal Code. The Penal Code also continues to allow for floggings for various vaguely defined honour-based offences, adultery, and public morality crimes.

In September 2020, the transitional government agreed to end 30 years of Islamic rule by signing a declaration adopting the principle of secularism. The declaration stated that “[f]or Sudan to become a democratic country where the rights of all citizens are enshrined, the constitution should be based on the principle of ‘separation of religion and state,’ in the absence of which the right to self-determination must be respected”.[ref]https://www.bloomberg.com/news/articles/2020-09-04/sudan-ends-30-years-of-islamic-law-by-separating-religion-state[/ref]

Education and children’s rights

The law requires that all students receive religious instruction. All schools are required to teach Islamic education classes, from pre-school up until the second year of university. The law does not require non-Muslims to attend Islamic education classes, and in practice non-Muslims will either attend private religious studies classes, or will be forced to attend Islamic education classes, to meet the religious instruction requirement and receive their certificate.[ref]https://www.state.gov/wp-content/uploads/2020/06/SUDAN-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf; https://www.eternitynews.com.au/world/hopes-wilt-for-teaching-christianity-in-sudan-schools/[/ref]

In January 2020, the Ministry of Education announced that pre-school students would no longer be required to learn the Quran in school.[ref]https://www.middleeastmonitor.com/20200109-sudan-eliminates-quran-learning-for-younger-pupils/[/ref] The transitional government has also suspended a law which required Christian schools to conduct classes on Sundays.[ref]https://www.government.nl/documents/diplomatic-statements/2020/08/26/joint-statement-on-sudan[/ref]

The new amendments to the Penal Code abolished the death penalty for individuals younger than 18 years.[ref]https://www.loc.gov/law/foreign-news/article/sudan-new-law-amending-penal-code-takes-effect/#:~:text=The%20new%20law%20abolishes%20the%20penalty%20of%20flogging%20imposed%20on,12%[/ref]

Family, community and society

Religious discrimination

Under al-Bashir, Christians in Sudan were persecuted and churches were forcibly shut down or destroyed, often under the pretext that they lacked proper building permits.[ref]https://www.worldwatchmonitor.org/2017/05/sudanese-government-destroys-another-church/[/ref]

In September 2019, Prime Minister Hamdok stated that his administration would address “religious discrimination”, and the Minister of Religion invited Jews and Christians who had left the country to return. However, religious discrimination remains prevalent in Sudan as many laws concerning personal and family affairs adopted during al-Bashir’s administration largely remain in effect. For example, while Muslim men are allowed to marry Christian or Jewish women, a Muslim woman cannot marry a non-Muslim man. The implementation of criminal and civil law in terms of penalties imposed can depend upon the religion of the perpetrator. For example, whilst Muslims might be punished with lashes if caught producing or consuming alcohol, Christians are typically not punished if caught for the same crime. The justice minister has the power to release any prisoner who memorizes the Quran during his prison term.

In December 2019, the transitional government declared Christmas a national holiday and court proceedings were initiated to return land confiscated by the previous regime back to Christian communities.[ref]https://www.government.nl/documents/diplomatic-statements/2020/08/26/joint-statement-on-sudan[/ref]

Freedom of expression, advocacy of humanist values

“Apostasy” and “blasphemy”

Apostasy was decriminalised in July 2020, and replaced by a new provision prohibiting the labeling of any group of individuals as “infidels.”[ref]https://www.loc.gov/law/foreign-news/article/sudan-new-law-amending-penal-code-takes-effect/#:~:text=The%20new%20law%20abolishes%20the%20penalty%20of%20flogging%20imposed%20on,12%2C%20art.[/ref] Sudan witnessed many high profile cases of apostasy during al-Bashir’s reign. In May 2017, 23-year old activist Mohammad Salih was arrested after requesting that his religion on his national identification card be changed from Islam to “non-religious”. His case was only dismissed after Salih was found ‘not mentally competent to stand trial’.[ref]https://english.alaraby.co.uk/english/news/2017/5/13/sudanese-activist-accused-of-apostasy-released-after-psychiatric-examination[/ref] In 2014, Mariam Yahya Ibrahim narrowly escaped the death penalty after she was charged with apostasy for refusing to renounce her Christian faith.[ref]https://www.amnesty.org.uk/meriam-ibrahim-freed-death-row-sudan-apostasy-pregnant-mother[/ref]

“Blasphemy” remains a criminal offence, however the provision has been amended. Prior to the amendment Article 125 of the Penal Code stated:

“Whoever, by any means, publicly abuses or insults any of the religions, their rites, or beliefs, or sanctities or seeks to excite feelings of contempt and disrespect against the believers thereof, shall be punished with imprisonment for a term not exceeding one year, or with a fine, or with whipping which may not exceed forty lashes.”[ref]https://centerforinquiry.org/blog/on-apostasy-and-blasphemy-in-sudan/[/ref]

The new law abolishes the penalty of whipping and the period of imprisonment is limited to six months.[ref]https://www.loc.gov/law/foreign-news/article/sudan-new-law-amending-penal-code-takes-effect/#:~:text=The%20new%20law%20abolishes%20the%20penalty%20of%20flogging%20imposed%20on,12%2C%20art.[/ref]

Media freedoms

Media freedoms were heavily restricted during al-Bashir’s rule, characterized by institutionalised censorship, mass arrests of journalists and raids on newspapers and printing presses. While there have been improvements under the new regime, Reporters Without Borders finds that, while the government has committed to freedom of expression, censorship is now exercised more discreetly. Most political newspapers continue to be affiliated or close to supporters of the former regime.[ref]https://rsf.org/en/news/sudan-still-awaits-its-press-freedom-revolution[/ref]

Moreover, the 2008 Cybercrime Act, the 2009 Press and Publications Act and the 2010 National Security Forces Act, all of which have been used in the past to target critics and activists, remain in effect.[ref]https://www.hrw.org/news/2020/07/24/sudans-army-threatens-activists-journalists-lawsuits[/ref]

Freedom of Assembly

Anti-government protests, which began in December 2018, were violently suppressed by state security forces, who attacked protesters wherever they congregated, including outside mosques, hospitals, and schools. Serious violations reported during the protests include the use of torture and other inhuman, degrading treatment; sexual and gender based violence and attempts by the state to limit information about events on the ground by shutting down the internet and communications networks.[ref]https://www.amnesty.org.uk/press-releases/sudan-all-security-agencies-were-involved-brutal-protest-attacks-and-must-be-held[/ref] While the transitional government has committed to holding those responsible for the violence to account, it has yet to release the findings from its investigation and bring charges against officials. Human Rights Watch found that at least 120 people had been killed and more than 900 injured between 3-18 June 2019, while Sudanese officials have estimated that at least 64 women were raped, and others sexually assaulted.[ref]https://www.hrw.org/news/2020/06/02/sudan-justice-june-3-crackdown-delayed[/ref]