Legal Framework
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 with the Ministry for Humanitarian Affairs through the Relief and Rehabilitation Commission (RRC). There were reports the ministry changed the requirements for registration during the year, but details were not available as of year’s end. Previously, faith-based organizations were 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 $100 for national or $200 for international faith-based organizations. International faith-based organizations were required also to provide a copy of a previous registration with another government and a letter from the international organization commissioning its activities in South Sudan.
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.
Government Practices
On May 15, Sister Veronika Rackova, a Slovakian missionary working as a doctor at the St. Bakhita’s Medical Center in the southern town of Yei, was shot in the stomach while driving an ambulance with a patient. According to news sources, she died from her wounds after being airlifted to Kenya for surgery. Members of the military reportedly shot her at a checkpoint. Government authorities arrested three soldiers in connection with the shooting, the motive for which remained unclear.
Media sources reported some religious institutions were looted as government and opposition forces continued fighting throughout the country, and as criminality increased. For example, in late October media sources reported armed men wearing military uniforms forcibly entered the Good Shepherd Peace Center, established by the Catholic Church to provide a place for peacebuilding and trauma healing, and robbed religious workers at gunpoint.
The Committee for National Healing, Peace and Reconciliation, an interreligious body formed by President Salva Kiir Mayardit in April 2013 with the support of donor funds, closed during the year in anticipation that it would be merged into the Truth and Reconciliation Commission. The Commission is envisaged in the August 2015 Agreement on the Resolution of Conflict in South Sudan (the peace agreement). At year’s-end, a Truth and Reconciliation Commission had not yet been established.
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, Tahir Bior Ajak, 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). There are no reserved seats for religious groups in the TNLA; however, all principal religious groups were represented.
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.
Although the Ministry for Humanitarian Affairs had not released information regarding new registration policies, no religious groups reported problems with registering or with operating as an unregistered religious group.