|
|
| 
| Title | USCIRF Annual Report 2007 - Sudan |
| Publisher | United States Commission on International Religious Freedom |
| Country | Sudan |
| Publication Date | 1 May 2007 |
| Cite as | United States Commission on International Religious Freedom, USCIRF Annual Report 2007 - Sudan, 1 May 2007, available at: http://www.unhcr.org/refworld/docid/4855698bc.html [accessed 26 November 2009] |
The government of Sudan commits egregious and systematic violations of freedom of religion or belief in the areas under its control, particularly against Christians, Muslims who do not follow the government's extreme interpretation of Islam, and followers of traditional African religions. Due to the ongoing severe human rights violations committed by the government throughout much of the country, the Commission continues to recommend that Sudan be named a "country of particular concern," or CPC. The State Department has repeatedly adopted the Commission's recommendation that Sudan be designated a CPC.
In the past, the Commission has identified Sudan as the world's most violent abuser of the right to freedom of religion or belief and has drawn attention to the Sudanese government's genocidal atrocities against civilian populations. As a result of the government's policies of Islamization and Arabization, more than two million people were killed and four million driven from their homes in the North-South civil war from 1983 until January 2005. The civilian victims of that conflict were overwhelmingly Southern Christians and followers of traditional African religions in contrast to the Arabic-speaking Muslims dominant in Khartoum.
Since the signing of the Comprehensive Peace Agreement (CPA) on January 9, 2005, conditions for religious freedom have improved in the South and in the contested areas in central Sudan. The Commission continues to be seriously concerned, however, over severe human rights violations being committed by the Sudanese government in other regions of the country, including against both non-Muslims and Muslims who dissent from the government's interpretation of Islam, as well as in the western region of Darfur, where the State Department has determined that acts of genocide have taken place and may still be ongoing. Continued attention and monitoring by the United States and the international community are necessary to ensure that the terms of the CPA, particularly those relating to freedom of religion or belief and other universal human rights, are implemented fully.
The CPA followed and subsumed a series of partial and preliminary agreements addressing the relationship of state and religion, the national capital, power-sharing, wealth-sharing (i.e., of oil revenue), and security. The CPA affirmed the Machakos Protocol of July 2002, which established a number of principles regarding freedom of religion or belief, and the Protocol on Power-Sharing of May 2004, which committed the parties to respecting a range of human rights. Moreover, the Protocol on Power-Sharing states explicitly that "The Republic of Sudan, including all levels of Government throughout the country, shall comply fully with its obligations under the international human rights treaties to which it is or becomes a party."
The CPA committed the parties to a number of interim measures for the governance of Sudan during a six-year Interim Period, to end in July 2011. According to the CPA:
Since July 2005, Sudan's current Government of National Unity has officially governed under the Interim National Constitution, which contains provisions guaranteeing universal human rights, including freedom of religion or belief. As of this writing, however, key institutions envisaged by the CPA and the Interim National Constitution for the protection of rights have not yet been established: e.g., the National Human Rights Commission and the Commission for the Protection of the Rights of Non-Muslims in the national capital area. In the now autonomous South, the Interim Constitution of Southern Sudan, adopted in December 2005, separates religion and state and contains provisions for freedom of religion and for equality before the law regardless of religious belief. The Government of Southern Sudan has established a human rights commission for the South, as well as a special court to prosecute crimes committed for religious reasons, including crimes against members of the South's Muslim minority.
In government-controlled areas of the North, the religious freedom and other human rights protections agreed to in the CPA and enshrined in Sudan's Interim National Constitution have not yet resulted in significant changes in the government's practice of enforcing its interpretation of Islam to the detriment of those holding other views. Muslims are reported to receive preferential access to limited government services and preferential treatment in court cases involving Muslim against non-Muslim. All Sudanese in the North, including Christians and followers of traditional African religions, are subject to sharia. Corporal punishments adopted from sharia are imposed on non-Muslims and on Muslims who did not traditionally follow such practices. There is discrimination in granting governmental approvals required for the construction and use of places of worship. Although permits are routinely granted to build mosques, permission to build churches is usually withheld. Churches built without such official permission exist at the authorities' sufferance. Church-owned properties that are legally recognized are nevertheless vulnerable to seizure in a legal atmosphere in which government action is not constrained by an independent judiciary.
Public religious expression and persuasion of non-Muslims by Muslims is allowed, but that of Muslims by non-Muslims is forbidden. In May 2006, four Sudanese Christians, including an Episcopal priest, were detained following contact with a Muslim woman who may have been interested in converting to Christianity. As the woman was estranged from her family and in hiding, the police acted under cover of a "kidnapping" investigation. Although all the detained Christians were released after a few days, three of them reportedly had been beaten while in custody. The woman was returned to her family and no further legal action was taken.
Conversion from Islam is a crime theoretically punishable by death. In practice, suspected converts are subjected to intense scrutiny, intimidation, and sometimes torture by government security personnel who act with impunity. Converts to Christianity from Islam face societal pressures and harassment from the security services to the point that they typically cannot remain in Sudan. The law against apostasy is also of concern to Muslims; the last instance in which the death penalty was applied was to a Muslim reformer in 1985.
Government policies and societal pressure favor conversion to Islam. During the North-South civil war, some children from non-Muslim families captured and sold into slavery by progovernment militias were reportedly forced to convert. Reports continue of coerced conversion in government-controlled camps for internally displaced persons, as well as among prison inmates, Popular Defense Force trainees, and children in camps for vagrant minors. The government has also allegedly tolerated the use of humanitarian assistance to induce conversion to Islam. In government-controlled areas, children who have been abandoned or whose parentage is unknown are considered by the government to be Muslims and may not be adopted by non-Muslims.
Although relative North-South peace has brought improvement in human rights conditions in the South and in the Nuba Mountains, in the western region of Darfur, government forces and "Janjaweed" (government-backed militia from Arab tribes) since 2003 have employed abusive tactics and brutal violence against African Muslim civilians, tactics similar to those used previously against non-Muslim Africans during the North-South civil war. Serious human rights abuses have included aerial bombardment of civilians, forced starvation as the result of deliberate denial of international humanitarian assistance, and the forcible displacement of civilian populations.
To date, efforts by the UN and the African Union (AU) to protect Darfur's civilian population have been wholly inadequate. On April 16, after months of obstruction, Khartoum agreed to accept a UN "heavy support package" of troops, police officers, civilian staff, and equipment necessary to assist the AU peacekeeping mission and protect civilians. Agreements such as this have been violated several times in the past, however, and close monitoring of the Sudanese government's compliance with the agreement by the international community is necessary. Khartoum continues to block the deployment of a full, joint UN-AU peacekeeping force, as mandated by the UN Security Council. With villages destroyed and lives at risk from further attack by government-supported Arab militiamen, many civilians remain in camps, unable to return home to raise crops and thus end their dependence upon international humanitarian assistance. The perpetrators of these crimes, both members of the Sudanese armed forces and allied militias, have acted with impunity. This lack of accountability and the persistent use of such methods by the government of Sudan raise serious questions about the government's commitment to abide by the terms of the CPA.
Actions resulting in mass killings by the government of Sudan against its own citizens have been repeatedly condemned as genocide. In the Sudan Peace Act of 2002, Congress found that the Sudanese government had committed acts of genocide during the civil war. By concurrent resolution in July 2004, Congress found the atrocities being committed in Darfur to constitute genocide. In congressional testimony delivered in September 2004, then-Secretary of State Colin L. Powell announced that the State Department "had concluded that genocide has been committed in Darfur and that the government of Sudan and the Janjaweed bear responsibility – and genocide may still be continuing." In a statement issued by the White House the same day, President Bush urged the international community to work with the United States to prevent and suppress acts of genocide in Darfur. Likewise, the State Department's most recent annual report on human rights practices in Sudan, issued March 2007, stated "The government's human rights record remained poor, and there were numerous serious problems, including evidence of continuing genocide in Darfur, for which the government and janjaweed continued to bear responsibility."
The government's genocidal actions stem from a policy of the governing elite in Khartoum to advance an Arab and Muslim identity in all parts of Sudan. This policy effectively relegates non-Arabs and non-Muslims to a secondary status and, moreover, conflicts with the reality that Sudan is a religiously diverse country with a large minority of Christians and followers of traditional African beliefs, as well as Muslims from a variety of Islamic traditions. Opposition to this coercive policy has fueled support for armed resistance by non-Muslim and non-Arab populations in the South, the Nuba Mountains, and elsewhere. During the North-South civil war, the current regime in particular used appeals to Islam, including calls by senior government officials for "jihad," to mobilize northern Muslim opinion. Religious incitement by government officials contributed to the horrific human rights abuses perpetrated by government security forces and government-backed militias.
The Plight of Sudan's Internally Displaced Persons and Refugees
One of the major issues facing Sudan is the situation of the refugees and internally displaced persons (IDPs). The North-South civil war and the conflict in Darfur have together driven approximately seven million people from their homes. Sudan's total population today is just over 40 million. Although most of those displaced from the North-South civil war fled to other parts of Sudan, particularly to the North, hundreds of thousands became refugees in the Central African Republic, the Democratic Republic of Congo, Ethiopia, Egypt, Kenya, and Uganda. The overwhelming majority of those who fled as a result of the North-South civil war are Christians or followers of traditional African religions. Since 2003, the Darfur conflict has produced over two million internally displaced persons and sent another quarter million into neighboring Chad and the Central African Republic as refugees. Unlike those who fled the North-South civil war, the Darfurians are almost all Muslims, members of tribes identified as African as distinct from Arab.
The UN High Commissioner for Refugees (UNHCR) oversees refugee returns, and the UN Office for the Coordination of Humanitarian Affairs coordinates IDP returns in Sudan. Both agencies emphasize that all return of refugees and IDPs must be voluntary. Surveys indicate that most Southerners indeed wish to return to the South. IDPs living in the Khartoum area, for example, have limited access to employment or basic services and continue to face discrimination and harassment based on religious identification. Since the signing of the CPA in 2005, more than 100,000 refugees have returned to the South, 30,000 with UNHCR assistance, and an estimated one million IDPs have returned spontaneously. Returnees face major challenges, however, including logistical hurtles, lack of infrastructure and health and education services, limited employment opportunities, funding shortages, and poor security.
The capacity of Southern Sudan and the transitional areas to absorb large numbers of IDPs and refugees must be enhanced. Otherwise, significant dangers will be faced, not only by the individuals who choose to return, but also to the peace process itself and to the development prospects for the region. Without adequate preparation, large scale influxes would likely result in additional tensions within overstretched local communities, due to competition over scarce resources and services. This could result in further conflict and diversions of funding from recovery and development to pay for emergency humanitarian assistance.
A complicating factor for returns to some areas of Southern Sudan is the continued threat posed by the Lord's Resistance Army (LRA). Sudan's prolonged North-South civil war became intertwined with violence in neighboring Uganda, with the Sudanese military providing support to, and receiving support from, the LRA, a violent, cult-like insurgent group that draws its support from the Acholi, an ethnic group located principally in northern Uganda and neighboring areas of Sudan. Throughout 2006, the LRA remained a security threat in the South, with reports of LRA banditry targeting civilians, humanitarian workers, and the UN. Attacks by the LRA or by Sudanese groups imitating LRA methods have delayed the return of Sudanese refugees from Uganda.
Commission Actions on Sudan
Sudan was one of the first countries to be a focus of attention by the Commission. Since its inception, the Commission has met with a broad range of government officials, religious leaders, human rights monitors, civil society representatives, and others knowledgeable about Sudan; has held public events to focus attention on religious freedom abuses in Sudan; has testified on Sudan at congressional hearings; and has visited Sudan to see the situation on the ground, traveling most recently to Khartoum, Kadugli in the Nuba Mountains and Juba, as well as to Nairobi and Lokichokio in Kenya in January 2006. In March 2006, the Commission issued Policy Focus: Sudan at a press conference with Members of Congress. In March 2007, the Commission co-sponsored a Capitol Hill event with the Hudson Institute's Center on Religious Freedom and the Jacob Blaustein Institute for the Advancement of Human Rights of the American Jewish Committee, to highlight congressional efforts on human rights and religious freedom in Sudan, in particular the work of the Congressional Human Rights Caucus's Task Force on International Religious Freedom. The same day, the Commission sent a letter to President Bush urging renewed U.S. leadership to achieve implementation of the Comprehensive Peace Agreement and to advance United Nations protection efforts in Darfur.
The Commission has made a series of recommendations regarding U.S. policy toward Sudan. In September 2001, following a Commission recommendation that the U.S. government appoint a nationally prominent individual to bring about a peaceful and just settlement of the North-South civil war in Sudan, President Bush appointed former Senator John Danforth as Special Envoy for Peace in Sudan, energizing the peace process. In September 2006, President Bush appointed former USAID Administrator and Special Humanitarian Coordinator for Sudan Andrew Natsios as Special Envoy for Sudan, again following a Commission recommendation. Other U.S. actions have followed Commission recommendations, including the Administration's decisions to give peace in Sudan a higher priority on its foreign policy agenda, engage actively to move the warring parties toward peace, monitor progress toward implementation of a series of partial and preliminary peace agreements, and use U.S. assistance more effectively in alleviating the suffering of the Sudanese people and in aiding development in southern Sudan.
In addition to recommending that Sudan continue to be designated a CPC, the Commission urges the U.S. government to remain engaged at the highest levels in bringing about a just and lasting peace for all of Sudan. Just as this report was being prepared, President Bush announced on April 18, in a major policy address on Sudan, that should diplomacy on Darfur continue to fail to secure Khartoum's compliance with UN Security Council resolutions, the Administration will impose stronger measures on Khartoum, several of which the Commission recommends below.
The Commission recommends that the U.S. government should take the lead in the following areas to:
Coalition Building
CPA Verification and Follow-through
Southern Sudan
Promotion of Human Rights, including Freedom of Religion or Belief
Personnel Resources
U.S. Foreign Assistance
Refugees and Internally Displaced Persons
Victims of Slavery and Human Trafficking
Peace in Darfur
1 Principles Relating to the Status and Functioning of National Institutions for Protection and Promotion of Human Rights, found in the Annex to Fact Sheet No. 19, National Institutions for the Promotion and Protection of Human Rights, Office of the High Commissioner for Human Rights (http://www.unhchr.ch/html/menu6/2/fs19.htm, accessed January 31, 2005).
Topics: Freedom of religion,