Human Rights of Women: National and International Perspectives

17. Challenges to the Application of International Women's Human Rights in the Sudan

Chapter 17 Challenges to the Application of International Women's Human Rights in the Sudan Asma Mohamed Abdel Halim Introduction The struggle for women's rights in the Sudan started nearly fifty years ago. At that time, fewwomen were educated and those who were lived mainlyin the major cities.The Sudanese Women'sUnion fought fiercely for women's rights and promoted women's education. The Women's Union and other groups had a great impact on changing the personal law rules at that time so that they were less harsh. The struggle for women's rights continues today. Only recently have women begun to address women's rights ashuman rights. Women, particularly those active on a grass-roots level,have never addressed their problems in terms of international law, but women have challenged discriminatory laws by relying strictly on those mechanismsavailable within the domestic law.This chapter will address the challenges to the application of international lawof human rights in the Sudan. As a religious state the Sudan has adopted, since 1983, laws based on Islamic law. The fundamental sources of Islamic law are the Qur'an, which isbelieved to be the literal word of God, and the Sunna, the traditions of the Prophet Mohammed. Both the Qur'an and the Sunna have been subjects of extensive interpretation and counter-interpretation since the death of the Prophet in 632.1 This process has resulted in the Shari'a, the comprehensive codes governing subjectsranging from religious dogma and practice to ethical norms and rules of private law. Individual rights are governed by the Shari'a. Customary law governs the parts of the country that are predominantly Christian. The interpretation of Qur'anic verses is an important part, perhaps 398 Asma Mohamed Abdel Hallm the most important part, of law-makingin Muslim nations. Sudanese law-makers have, unfortunately for women, adhered to an interpretation of the Qur'an that has resulted in laws that discriminate on the basis of gender. The Sudan has,at times in the recent past, had variousconstitutions that guaranteed equality of the sexes. These constitutional guarantees have not protected women from inequalitieswritten into domesticlaw. For example, Article 17(1) and (12)of the 1973Permanent Constitution guaranteed equalityof all people before the lawand equalityof all citizens in duties, rights, and employment opportunities withoutdiscrimination on the basis of place of birth, race, color, sex, religious, or political stand. This article was disregarded when Shari'a law was applied in 1983. Additionally,the Evidence Act of 1983, which is part of the Islamic Codes, provides that the testimonyof one woman is not considered credible, whereas the testimonyof twowomen or one man is. A group of women and men,the Republican Brothers, challenged the law in the courts but were hindered by a procedural rule requiring litigants to be personally aggrieved by the particular law challenged . Moreover, the Transitional Constitution of 1985,which likewise granted equality, was not invoked to strike down discriminatory provisions in important legislation, such as the Civil Procedure Act and the EvidenceAct,enacted in 1983. These same rules, with the addition of the expressly discriminatory Personal Law for MuslimsAct of 1991, continue to exist today without any real legal challenge by women. Based on the nation's history of disregarding its own constitutional provisions, it is not surprising that international law protecting the rights of women was not respected during the law-making process. International norms against discrimination on the basis of religion have also been disregarded by the Sudan. For example, the Supreme Court has allowed evidence given by non-Muslimsto be treated as of a lesser value when given against a Muslim.2 Sudanese authorities are inclined tojustify their disregard of international law on the grounds of religion. In the Sudan, lawisequated withreligion, and therefore, as the governmental authorities argue, it should remain free from interference by the international community. In this chapter, I will describe a brief history of the lawin the Sudan and the current legal status of women. Women seeking greater rights in the Sudan face great challenges posed by the current method of interpretation of the Shari'a, by religious conventions, and by resistance to the use of international law. An understanding of these challenges isa precursor to exploring means of obtaining greater rights for women. This chapter does not purport to offer concrete solutions to Challenges to Women's International Human Rights In the Sudan 399 existing problems but...