islamic law
Oct 12, 2006 (JUBA) — The presidential advisor for gender and human rights in the government of southern Sudan has strongly urged the judiciary to pay attention and take legal steps to stop discrimination against women that still exist in courts after being barred from standing as a witness before the law due to her gender.
“No court so far has the right to mistreat women when actually it is supposed to protect the rights of everybody equally. The southern Sudan and national interim constitution states that every man or woman has full rights of citizenship,” emphasizes Awut Deng Acuil, Presidential Advisor on Gender Issues and Human Rights in her office last Tuesday.
According to Awut Deng Acuil, the court that she bring in two witnesses to address a routine administrative hearing. But Awut Deng was denied the right to stand as witness before the law on the basis of her gender. She and the secretary-general of the government of southern Sudan, Abdon Agaw Jok Nhial, had been called as witnesses. Upon production of her identification, the court declined to accept Awut Deng’s statement, preferring instead the words of her male driver. Meanwhile, the word of the secretary-general was accepted without question.
“I gave in my identity card and was shocked and horrified to see that my ID card was sent back claiming that I am not supposed to bear witness in court simply because I am a woman, instead they took that of the secretary and of my driver, this is total discrimination against women and denying women their rights,” states the presidential advisor for gender and human rights.
She said the act is the application of some religious laws which are in direct contradiction to the interim constitutions of Sudan and Southern Sudan. “I didn’t expect at this stage of the interim constitution that a sharia law that claims four women are equal to one man still exists in our courts, because citizenship is the basis of equal rights and duties for all Sudanese and if I am a Sudanese why discriminate against me? State and religion are two separate things, there is no room for that in southern Sudan,” stresses Awut Deng. The court proceedings were governed by a law dating from 1991 that banned women the right to bear witness before a court of law.
She explains that “the Interim Constitution of Southern Sudan, 2005 and Interim National Constitution, 2005 is clear that contradictory pre-existing laws should be repealed. This 1991 legislation is in direct contravention of the two constitutions.” Specifically, she explains that the Bill of Rights, Article 18, states that all persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status. In addition, Article 20 states that women shall be accorded full and equal dignity of the person with men.
Awut Deng states that steps should be taken to repeal laws which are against the constitution in order to ensure people follow and respect the interim constitution of southern Sudan as the “supreme law of southern Sudan.” She called for the courts to stop using those laws which are null and void and request that what happened to her should not be repeated. “I must be the last woman to be subjected to such laws that have no respect for women. Southern Sudanese women are mothers of this nation – there is no way that they should be discriminated by any contradicting laws, they have full rights of citizenship as any human being and they are to be treated with dignity and equal rights,” stresses Deng.
(JUBA POST)