Cultural Protections: Sudan Comprehensive Peace Agreement

Chapter II: Power Sharing (Signed at Naivasha, Kenya on 26th May, 2004)

2.4.5 Without prejudice to the competency of any National Institution to promulgate laws, judges and law enforcement agents shall, in dispensing justice and enforcing current laws in the National Capital be guided by the following:

2.4.5.2 Behavior based on cultural practices and traditions which does not disturb public order, is not disdainful of other traditions, and not in flagrant disregard of the law or' disturbing public order shall be deemed in the eyes of the law as an exercise of personal freedoms.

Implementation History

2005

Minimum Implementation

In Article 13(4), Sudan’s Interim Constitution recognized the cultural diversity of the country in accordance with the 2005 CPA provision. Similarly, the 2005 CPA had provisions to establish a special commission to ensure that the rights of non-Muslims were protected in the capital. No further developments reported.

 

2006

Full Implementation

One of the challenges facing the Sudan on issues related to cultural tradition was the protection of non-Muslim minorities in the capital city. They had formerly been subject to the Sharia law tradition, which was the cultural tradition of the dominant Arabs in the northern Sudan. In August of 2006, the Presidency issued a decree for the establishment of the Commission on the Protection of the Rights of Non-Muslims in the National Capital.1

  • 1. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS, December 2009.
2007

Full Implementation

The members of the  Commission on the Protection of the Rights of Non-Muslims in the National Capital were appointed on 15 February 2007. The commission contained five Christians and five Muslims, ten community leaders, two traditional and customs experts, and one representative each from the Khartoum State, the Judiciary, the Ministry of Justice, the Police and National Security.2

  • 2. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS, December 2009.
2008

Full Implementation

No developments observed this year.

2009

Full Implementation

No developments observed this year.

2010

Full Implementation

No developments observed this year.

2011

Full Implementation

The cultural protection provision of the CPA was implemented. Nevertheless, with the secession of southern Sudan on 9 July 2011, the provision became obsolete.