S U D A N

U N I T E D S TAT E S C O M M I S S I O N O N I N T E R N AT I O N A L R E L I G I O U S F R E E D O M

FA L L 2 0 1 1

THE U.S. COMMISSION 

ON INTERNATIONAL 

RELIGIOUS FREEDOM

was created by the 

International Religious 

Freedom Act of 1998 

to monitor the status 

of freedom of thought, 

conscience, and religion 

or belief abroad, as 

defined in the Universal 

Declaration of Human 

Rights and related 

international instruments, 

and to give independent 

policy recommendations 

to the President, 

Secretary of State, and 

Congress.

visit our web site at 

www.uscirf.gov

POLICYFOCUS

ere are no reports about the killings 

in Sudan but we hear on the radio 

about the killings everywhere else 

in the world. We don’t feel like the 

international community cares, we are 

not a priority. 

—SPLM-N ELECTION VOLUNTEER, KADUGLI 

ey want to arrest us, they don’t want 

their own people to live. 

—TEACHER, TALLIE

Under the control of Sudanese President Omar 

al-Bashir, the Sudanese Armed Forces (SAF) and 

Khartoum’s paramilitary Popular Defense Forces 

(PDF) have targeted persons based on religion, 

ethnicity, and political aliation in Southern 

Kordofan and Blue Nile states. e government 

also has bombed and denied humanitarian assistance to civilians, creating an urgent humanitarian 

crisis in the two states. Such actions in Southern 

Kordofan and Blue Nile states constitute a violation 

of international human rights and humanitarian 

law by the government of Sudan.

e U.S. Commission on International Religious Freedom (USCIRF) traveled to South Sudan 

and visited the Yida refugee camp in late October 

to investigate reports of violations of international 

human rights law, including freedom of religion or 

belief, and persons being targeted based on their 

Refugees from Southern Kordofan, Sudan at Yida refugee camp in South Sudan greet international visitors.

SU DAN

U . S . C O M M I S S I O N O N I N T E R N AT I O N AL R E L I G I O U S F R E E D O M

Brief

SOMALIA

Summer 2012

S O M A L I A

As the Somali National Constituent Assembly (NCA) prepares to debate a 

new constitution, the question is whether it will provide a roadmap for a future 

democratic and representative Somalia. 

The U.S. Commission on International Religious Freedom (USCIRF) is concerned that the text which the Draft Constitution Technical Review Committee 

released on June 12 contains contradictory language on protections for freedom of religion or belief. Also, there are ongoing debates about the centrality 

of Shari’ah law in the constitution. 

The drafting effort is one of the central provisions of the Roadmap for Ending 

the Transition in Somalia which seeks to move the country to a representative 

government by August 20, 2012. The NCA, which will convene from July 21 

through July-29, will decide if it will adopt the draft constitution. If it is adopted, it will become the Provisional Constitution of Somalia and replace the 

current Transitional Federal Charter. On a date to be determined, the Somali 

people will vote in a referendum on permanent adoption of the Provisional 

Constitution. 

USCIRF Recommendations for U.S. government action

Actions taken in the next several months will be key to enshrining religious 

freedom in Somalia. Along with steps being taken on the constitution, the 

new Somali government also is rebuilding judicial and rule-of-law structures. 

To this end, USCIRF recommends the U.S. government:

 • Engage government officials, religious leaders, and clan elders in So

malia, Somaliland, Puntland, and the Somali diaspora community on 

universal human rights, including freedom of religion or belief, and 

good governance; and

 • Fund rule-of-law programs by the UN and non-governmental organiza

tions in Somalia, Somaliland, and Puntland in order to establish a legal 

system that respects international legal standards, including freedom of 

religion or belief.

 • Fund rule-of-law programs by the UN and non-governmental orga

nizations in Somalia, Somaliland, and Puntland in order to establish a 

legal system that respects international legal standards, including 

freedom of religion or belief.
Background

Somalia has not had a central government since the fall of former dictator Siad Barre in 1991. Numerous peace 

agreements and political transitions have failed to bring democracy and security to the country. In the absence 

of the rule of law, insurgents, warlords, self-appointed officials, local authorities, and prevailing societal attitudes have undermined all human rights, including freedom of religion or belief. Somalia currently is governed 

by the 2004 Transitional Federal Charter which adheres to the 1960 constitution’s provisions of freedom of religion or belief, including the right to discuss and study one’s religion of choice. An Independent Federal Constitution Commission was created and submitted a draft constitution in July 2010. However, no action was taken. 

Somalia’s current transitional government, the Transitional Federal Government (TFG) led by President Sheik 

Sharif Ahmed, was formed in early 2009 and was set to expire in August 2011. However, in early 2011, the 

Transitional Federal Parliament unilaterally extended its term by three years, while the cabinet, including the 

president and prime minister, sought a one-year extension. These extensions led to international condemnation 

and pressure for the TFG to transition to a permanent, elected government. In response, on June 9, 2011 President Sheikh Sharif and the Transitional Federal Parliament Speaker Sharif Hassan signed the Kampala Accord 

extending the transitional period until August 2012. Building off of this accord, all major political stakeholders, except Somaliland, signed the Roadmap for Ending the Transition in Somalia on September 6, 2011. The 

Roadmap includes benchmarks, timelines and compliance mechanisms to implement priority tasks, including 

holding presidential and parliamentary speaker elections by August 20, 2012 and drafting and passing a new 

constitution. 

New Constitution and Protections for Freedom of Religion or Belief

The drafting of a new constitution began in December 2011, when representatives at the Somali National Consultative Constitutional Conference adopted the Garowe Principles which determined the process for drafting, 

review and adoption. While the initial deadline for the constitution process called for adoption by May 20, that 

deadline has been extended to July 29. The National Constituent Assembly tasked with adopting the text consists of 825 Somali representatives, based on the “4.5 clan” formula1

, with at least 30 percent of the delegates 

being women. The NCA delegates were selected by traditional elders nationwide. 

Key issues raised during the constitutional discussions included the inclusion of Shari’ah and religious freedom rights. Historically, Somalis generally have practiced a moderate form of Shari’ah as well as customary 

law. The issue of Shari’ah became significant in 2008 when the U.S.-designated Foreign Terrorist Organization 

al-Shabaab took control over central and southern Somalia. In territories it controlled, and continues to control, 

al-Shabaab has implemented a harsh interpretation of Shari’ah, similar to that of the Taliban, and metes out 

hudood punishments and imposes behavioral and dress norms. 

When the TFG came to power in 2009, President Sheik Sharif announced that Shari’ah would be applied nationwide, while conforming to international human rights standards and respecting women’s rights. In May of 

that year, the TFG parliament unanimously approved the nationwide implementation of Shari’ah. The TFG’s 

actions were part of an effort to combat al-Shabaab’s questioning of its Islamic credentials, as well as address 

increasing support by the Somali population for Shari’ah as the basis of governance. 

 1. The 4.5 clan formula is used to ensure representation of all clans in Somali governing institutions. Per the formula, one appor

tionment goes to each of the four major Somali clans, while a coalition of minority clans receives a quota of 0.5.

POLICYBrief
Current text

The June 2012 language the constitution drafting committee presented, prior to its review by technical committees, includes a prominent role for undefined notions of Shari’ah law. Other provisions of the draft are inconsistent with international standards for freedom of religion or belief. The draft:

 • Asserts that Somalia is a Muslim country and makes Islam the state religion;

 • States (twice) that no other religion can be propagated in the country;

 • Requires that all laws comply “with the general principles of Shari’ah,” but does not define the scope of 

Shari’ah law; 

 • Claims that the constitution is “based on the foundations of the Holy Quran and the Sunna of our proph

et Mohamed (PBUH) and protects the higher objectives of Shari’ah and social justice”; 

 • Makes undefined Shari’ah law supreme to the constitution;

 • Makes compulsory the teaching of Islam for public and private schools, although it exempts schools 

owned by non-Muslims (but these schools presumably would be unable to teach a non-Muslim religion 

given the propagation ban); 

 • Requires the president to be a Muslim and the oath of office for government officials to include a prom

ise to act “in the best interest of the Nation, People, and Religion” (emphasis added); and

 • Mandates that the national Human Rights Commission promote Shari’ah and that Constitutional Court 

members have appropriate qualifications in law and Shari’ah. 

 

Some religious freedom protections are provided. The draft:

 • States that all citizens are equal regardless of, and cannot be discriminated against based on, religion;

 • Affirms that every person is free to practice his or her religion;

 • States that the rights it provides can be limited by law, although not by a law that targets a particular 

individual or group; and

 • States, confusingly, that when interpreting rights, courts“may consider the Shari’ah, international law, 

and decisions of courts in other countries, though it is not bound to follow these decisions.” 

For more information on international standards for religious freedom protections, visit the USCIRF website, 

www.uscirf.gov. 

POLICYBrief