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).

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