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.