The transitional constitution stipulates separation of religion and state. It prohibits religious discrimination, even if the president declares a state of emergency. It states that all religions are to be treated equally and that religion should not be used for divisive purposes.
The transitional constitution provides for the right of religious groups to worship or assemble freely in connection with any religion or belief, solicit and receive voluntary financial contributions, own property for religious purposes, and establish places of worship. The transitional constitution also provides religious groups the freedom to write, issue, and disseminate religious publications; communicate with individuals and communities in matters of religion at both the national and international levels; teach religion in places “suitable” for these purposes; train, appoint, elect, or designate by succession their religious leaders; and observe religious holidays.
The government requires religious groups to register with the state government and the Ministry for Humanitarian Affairs through the Relief and Rehabilitation Commission. Faith-based organizations are required to provide their constitution; a statement of faith documenting their doctrines, beliefs, objectives, and holy book; a list of executive members; and a registration fee of $3,500 (which is charged for all organizations, including faith-based ones). This requirement, however, was not strictly enforced, and many churches operated without registration. International faith-based organizations are required also to provide a copy of a previous registration with another government and a letter from the international organization commissioning its activities in the country.
The transitional constitution specifies the regulation of religious matters within each state is the executive and legislative responsibility of the state government. It establishes the responsibility of government at all levels to protect monuments and places of religious importance from destruction or desecration.
The transitional constitution allows religious groups to establish and maintain “appropriate” faith-based charitable or humanitarian institutions.
The transitional constitution guarantees every citizen access to education without discrimination based on religion.
The country is not a party to the International Covenant on Civil and Political Rights.
On November 11, army and local police in Tonj State reportedly arrested and physically mistreated at least 150 members of the local Seventh-day Adventist Church. The members were released on November 18 after Tonj State Governor Akech Tong Aleu summoned Akop County Commissioner Lino Dut Awech and intervened. Media sources and human rights activists reported members of the congregation were harassed, beaten, forced to drink alcohol and smoke tobacco, and denied food and water for three days. A church leader stated he believed the Akop county commissioner ordered the detention of parishioners, reportedly responding to complaints from local chiefs and traditional spiritual leaders known as “spear masters,” for not attending a November 4 youth meeting. The church leader said he could not attend because he was participating in a Sabbath religious service, and he added that traditional chiefs were upset that the Seventh-day Adventist Church converted their sons and daughters to a new religion. The spear masters and traditional chiefs reportedly threatened to kill Seventh-day Adventist members if the church reopened. Religious leaders and human rights activists characterized this as an isolated occurrence.
There were continued reports that in connection with the civil conflict, security forces, opposition forces, and armed militias affiliated with the government and the opposition committed killings and other abuses against civilians, including religious aid workers and churchgoers. On March 13, opposition forces in Unity State temporarily detained eight religious aid workers affiliated with Samaritan’s Purse, a U.S.-based evangelical Christian relief organization, and later released them.
In February media sources reported government forces threatened employees of a church bookstore in Juba. Soldiers allegedly removed books they declared critical of the government.
Government and opposition forces reportedly looted or burned down churches and religious centers in various towns around the country, including the Catholic diocesan pastoral center in Lutaya, which Catholic media stated was burned by the army in January. Separately, religious leaders reported the government shut down some Catholic radio programs in its efforts to censor media programs critical of the government.
On March 10, President Salva Kiir held a National Day of Prayer where he asked for “God’s forgiveness and guidance.” Some religious leaders criticized the commemoration, with Catholic Archbishop of Juba Paulino Lukudu Loro calling the event a “political prayer” and “a mockery” amid conflict-related abuses committed by government forces.
Both a Christian representative and a Muslim representative read prayers at most official events, with the government often providing translation from English to Arabic.
Several religious groups were represented in government positions. President Kiir, a Catholic, employed a high-level advisor on religious affairs, Sheikh Juma Saaed Ali, a leader of the Islamic community in the country. Additional Muslim representation in government included at least one governor and 14 members of the 400-member Transitional National Legislative Assembly (TNLA). All principal religious groups were represented in the TNLA.
Although not mandated by the government, religious education was generally included in public secondary school and university curricula. Theoretically, students could attend either a Christian or an Islamic course, and those with no religious affiliation could choose between the two courses. Because of resource constraints, however, some schools only offered education in one course. Christian and Muslim private religious schools set their own religious curriculum without government interference.