E/CN.4/1993/62
page 94
1.
Enforcement of Islamic Law on non-Muslims
Section 5(3) of the Sudan Penal Code 1991 provides as follows "Sections
78(1), 79, 85, 126, 139(1), 146(1), 146(2), 146(3), 157, 168(1) and 171 shall
not apply to the Southern States unless the legislative body concerned decides
otherwise or unless the accused person requests so.
Those Sections enumerated above include the punishments as provided for
in Islamic Law and for that reason they were not made to apply to the three
Southern States in the Sudan where a tangible number of the citizens are
Christians. So, to say the least about the allegation, it is not true. Not
only that but even in North Sudan some of the Islamic Law punishments provided
for in the Penal Code apply only to Muslims, Section 78(1) of the Penal Code
provides as follows: ’Any person who drinks, possesses or manufactures
alcohol shall be flogged forty lashes if he is a Muslim’. See annex 1 for the
texts of the sections.
2.
Christians evicted by Muslim landlords in Kharthoum
Eviction in Sudan is governed by very strict Laws. The first one of
those Laws is the Rent Restriction Ordinance 1953 and the latest one is the
Renting of Premises Act, 1991 (64/91) which is currently in force. We attach
a copy of each Law (see annex 2) to prove that there is no difference between
the 1991 Law and 1953 Law which was made when Sudan was a British Colony. No
specific case was mentioned so we are responding generally by providing you
with the Laws which show that there is no discrimination against the
Christians in cases of eviction.
3.
Denial of permission to attend Sunday church Services
The Law in Sudan is that Christians enjoy Friday, being the weekly
holiday for Muslims. In addition to that they are allowed, by law, to attend
Sunday church Services. Come to the government offices on a Sunday morning
and you would find not one single Christian in his office. Like the others,
the allegation is not true.
4.
Non-Muslims not promoted
To respond to this unfounded allegation we refer to the promotions which
took place recently on 23 November 1992 for Government first legal advisers.
Fifty-three legal advisers were competing for the 20 posts available. Three
Christians were among the competitors; two of them were actually promoted. A
copy of the Presidential Decree 449/1992 dated 23 November 1992 is attached,
see annex 3.
Not only this but also Non-Muslims are now holding very senior posts in
the service of the Government as of today. To cite few examples the Advocate
General of the Government of the Sudan is a Christian (H.E. Mr. Edward Ryiad).
Also the Deputy Solicitor General for Legislations is Christian
(H.E. Mr. Joseph Suleiman).