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Lubna Hussein is a Sudanese woman and former UN worker arrested a few months ago in Khartoum for the crime of wearing pants. Because she is an incredibly brave human being she turned her arrest, detention and trial into a public event that drew considerable attention to the arbitrary enforcement of discriminatory laws in Sudan. Her trial concluded earlier this week. She was found guilty and sentenced to a $100 fine (which she refused to pay) and one month in prison.
She was released from prison earlier today. But her trial has made her an international hero to human rights defenders around the world. Lubna would not acquiesce to injustice. Instead, she fought it head on. In the process, she drew considerable attention to the discriminatory Sudanese criminal code. Consider this statement from the spokesperson for the UN High Commissioner for Human Rights
“Lubna Hussein, a female former UN staff member in Sudan, was yesterday sentenced to one month in jail, with the alternative of a 500 Sudanese Pound fine, on charges of dressing in an indecent manner – essentially because she was wearing trousers.
The Sudanese Criminal Act does not define what constitutes “indecent dress” and leaves wide discretion to police officers, raising concerns that the arrests are being conducted arbitrarily. According to Article 152(1) of the 1991 Criminal Act, “indecent dress” may be punished with up to 40 lashes or a fine, or both. Under international human rights standards, flogging is considered as cruel, inhuman or degrading punishment.
Lubna Hussein’s case is emblematic of a wider pattern of discrimination and application of discriminatory laws against women. Ms Hussein was arrested along with 13 other women. The arrests of all, and not only Lubna Hussein, were arbitrary and left to the discretion of police officers.
The arrest and conviction of Ms. Hussein is a violation of Articles 9 and 14 of the International Covenant on Civil and Political Rights (ICCPR) to which Sudan is a state party and Art. 29 of Sudan’s own Interim National Constitution. The charges were not communicated at the time of arrest which is in violation of Art. 14 of the ICCPR. Article 9 of the ICCPR deals with the right to freedom from arbitrary arrest and is also applicable.
On account of being a UNMIS staff member at the time of arrest and initial trial Ms. Lubna Hussein was represented by UNMIS Legal Affairs. Ms. Hussein consequently resigned from UNMIS as the trial proceeded. However, there was lack of legal representation for the other women and inadequate time to prepare their defence. There was also an absence of review of the sentence for other women. The judgment and flogging of some of the women arrested with Ms. Hussein who were not represented by legal counsel were carried out immediately under Section 152(1) of the 1991 Criminal Act.
The rights to freedom from arbitrary arrest, to due process of law, and to freedom from cruel, inhuman and degrading treatment are expressly protected in the Bill of Rights contained in Sudan’s Interim National Constitution. They are also enshrined in international human rights treaties to which Sudan is a State Party.
Under the 2005 Comprehensive Peace Agreement, national laws, such as the Criminal Act, require a comprehensive review in order to bring them into line with the Interim Constitution and Sudan’s international human rights obligations. This review has yet to be completed.”
Lubna has vowed to press on. We’ll be with her all the way.
Incredible article from the Kristoff/WuDunn duo.
In many poor countries, the greatest unexploited resource isn’t oil fields or veins of gold; it is the women and girls who aren’t educated and never become a major presence in the formal economy. With education and with help starting businesses, impoverished women can earn money and support their countries as well as their families. They represent perhaps the best hope for fighting global poverty.
Pre-order your copy of Half the Sky: Turning Oppression into Opportunity for Women Worldwide
Like Alanna, I too am glad to see Secretary of State Clinton focusing on the pandemic of rape in eastern DR Congo. I’m also glad, to judge from the flurry of media reports coming out of Goma and Kinshasa, that her visit and her attention are having some effect. And naturally, I’m glad that she’s calling for an end to impunity — for real “arrests and prosecutions and punishment” — for perpetrators of this crime (easier said than done, unfortunately, given its ubiquity among all sides of the conflict).
“The entire society needs to be speaking out against this…It should be a mark of shame anywhere, in any country. I hope that that will become a real cause here in Kinshasa that will sweep across the country.”
She’s right, of course, and her purpose is to upend the lamentable status quo, in which rape is rampant and unchallenged. And maybe there’s a sort of power in reversing the meaning of the phrase “mark of shame,” using it to signify the failure to combat rape, rather than rape itself, as so often occurs in places like Congo where what should be a war crime is seen as a stigma. But “mark of shame,” I think, falls too close to this line; in a culture in which the entrenched response to rape remains shame and ostracization — or even laughter and mockery — it’s difficult to use that emotion to galvanize a vigorous and difficult campaign to change not just a country’s punitive structures, but a society’s very mores.
The young girl whispered in a hushed tone. She looked down as she spoke, only glancing up from her dark round eyes every now and then. She wanted to tell more, but she was too ashamed. She was just 9 years old when, she says, Congolese soldiers gang-raped her on her way to school. …
The United Nations estimates 200,000 women and girls have been raped in Congo over the last 12 years, when war broke out with Rwanda and Uganda backing Congolese rebels seeking to oust then-Congo President Laurent Kabila. Rape became a weapon of war, aid groups say.
“It is one of the worst places in the world to be a woman or girl,” says Anneke Van Woudenberg, a senior researcher with Human Rights Watch who has spent the last 10 years focusing on Congo. “These are often soldiers and combatants deliberately targeting women and raping them as a strategy of war, either to punish a community, to terrorize a community or to humiliate them.”
Most times, the women are raped by at least two perpetrators. “Sometimes, that is done in front of the family, in front of the children,” Van Woudenberg says. She sighs, “What causes men to rape — I wish I had an answer to that.”
I’m glad that my former boss, Hillary Clinton, is there speaking out forcefully about this issue. We need to draw more attention to it.
More from my Dispatch co-blogger, Alanna.
…but the UNESCO Literacy Prizes have certainly gone to deserving winners, which were this year awarded on the theme of “Literacy and Empowerment.” To wit:
The second award of the UNESCO King Sejong Literacy Prize goes to the NGO Nirantar’s project “Khabar Lahariya” – “news waves” – in Uttar Pradesh, northern India. It has created a rural fortnightly newspaper entirely produced and marketed by “low caste” women, distributed to more than 20,000 newly literate readers. Its well-structured method of training newly literate women as journalists and democratizing information production provides an easily replicated model of transformative education.
Without making a vulgar comparison, this kind of effort reminds me of Washington, D.C.’s own Street Sense, which has always struck me as an innovative and productive way to take on poverty and homelessness. That such an initiative is thriving with “low caste” women in India is incredibly heartening.
Iraq: The SG met with Iraqi Prime Minister al-Maliki in Baghdad today as well as Grand Ayatollah Ali Sistani to review the ongoing security crisis. The SG congratulated Fouad Massoum on his election as Iraq’s new President and remarked that a new government “will strengthen the unity of the country, fight effectively against terrorism and ISIS, as well as uproot the seeds of sectarianism and division.”
SG: The SG met with Israeli President Peres in Jerusalem today to encourage dialogue between Israelis and Palestinians. Speaking to the press with President Peres, he again underlined the need to stop violence and begin dialogue that addresses the root causes of the conflict.
SG: The SG briefed the SC today from Ramallah where he reiterated his message from today’s earlier press conference in Tel Aviv with Israeli Prime Minister Netanyahu to: “Stop fighting. Start talking. And take on the root causes of the conflict.” The SG will continue travelling this week to Jordan and Saudi Arabia.
SG: The SG arrived in Cairo today where he will meet with the Foreign Minister, President el-Sisi and US Secretary of State Kerry to promote the Egypt-initiated ceasefire in the Middle East. Spokesman Dujarric told reporters today that “the overriding messages that [the SG] brings is, first, that the violence must stop, and needs to stop now.”
Middle East: The SG welcomed the humanitarian pause negotiated by Special Coordinator Serry to allow civilians in Gaza to begin repairs on electrical and water infrastructure. WFP used the five-hour pause to deliver emergency food assistance to Gaza. The SG hopes the pause will lead to peace and a sustainable ceasefire.