Women and customary law in southern Sudan
By Jane Kani Edward
March 8, 2007 — In his speech during the signing ceremony of the Sudan Comprehensive Peace Agreement (CPA) in Naivasha, Kenya, on January 9, 2005, Dr. John Garang de Mabior, former first Vice President of the Sudan and the former President of the Government of Southern Sudan (GOSS), acknowledged how gendered division of labor places more burden on women’s lives. As he puts it, “. . . women in Sudan as elsewhere in the world are marginalized of the marginalized whose suffering goes beyond description. The Sudanese rural woman, for example, gets up at five O’clock in the morning, to walk five kilometers, just to bring five gallons of water after five hours walk, spends another five hours working on the family farm, and five more hours making the family meal.” This historical recognition let to the allocation of 25 per cent of positions to women at all levels of governments in southern Sudan.
Two years after the signing of the CPA, many issues related to women’s participation in decision-making process and their full participation in public sphere have yet to be seriously addressed by the GOSS. One of the issues that have enormous implications on the cultivation of women’s rights and their effective participation in post-conflict southern Sudan is customary law. Although the social, cultural, economic, ethnic, regional and religious diversity in southern Sudan does not allow for easy generalizations about its people, one can argue that customary law as practiced in the south affect women similarly, regardless of their ethnic identities and positions in society. Under customary law women are valued and respected as mothers. They are also important as daughters because they bring wealth to the family upon marriage. Women are also seen as guardians of culture and traditions and are charged with imparting cultural values to the younger generation.
However, this accorded respect is not usually complemented by many aspects of customary law that affect women’s lives. These aspects of customary law are sometimes used to marginalize issues of women’s rights, voices and participation in decision-making process. Cultural practices and traditions that discourage and devalue girl’s education continue to exist. Consequently, many school age-girls became victims of arranged marriages which in turn minimize women’s chances of pursuing educational and career-oriented opportunities. The institution of widow inheritance which is linked to the payment of bride-wealth also represents another aspect by which women are subjected to the dictates of customs. Similarly, the gendered division of labor which places heavy burden on women’s lives and consumes much of their time, further hinders women’s effective participation in activities that will empower them. Furthermore, some laws in southern Sudan still discriminate against women’s right to testify as witnesses in a court of law. In short, there are many other customary law practices which are harmful to women’s lives and reproductive health still commonly practiced in the society.
As we celebrate International Women’s Day/month, I call upon the Government of Southern Sudan and the forces of civil society in the south to address the state of southern Sudanese women living under customary law. However, in order to address the oppression and the subjugation of women under customary law, it is important to reform the customary law and the traditional practices to insure that women’s rights and dignity are respected. Reforming the law does not happen over night, it takes time and courage. Similarly changing people’s learned attitudes, behavior, practices, and customs is not an easy task. It requires commitment, resources, and rethinking of the previous ways through which people perceive and relate to each other. It also requires determination, persistence and self-reflectivity, from all stakeholders – women, men, youth, government officials, social, economic, cultural, political, and other societal organizations.
In a society like southern Sudan which is struggling to cope with the challenges of post-conflict society such as poverty and displacement, any talk of changing the laws or campaign for women to be included in the decision-making process is usually met with some resistance. Sometimes such issues are not considered as a priority since there is an urgent need to address the basic needs of the people. As a result, issues such as law reforms are usually relegated to the bottom of the priority concerns. However, such arguments or tendencies should not stop or discourage women and their allies from campaigning for law reform. Women’s campaign for change and empowerment is urgent and necessary for the development of the south. And I think the CPA and the Interim Constitution of Southern Sudan has provided women and their allies with the tools to pressure the government and traditional authorities in southern Sudan to reform customary law to ensure that women’s rights are respected and customary measures that are harmful to women being altered. Such a reform should also be in accordance with the international human rights standards. For example, article 1.6 on “human rights and fundamental freedoms” and article 1.6.2.16 on “equal rights of men and women” of the Protocol on Power Sharing clearly indicated that people’s rights and fundamental freedoms be respected in accordance with international human rights treaties signed and ratified by Sudan.
Beside these provisions, women need to empower themselves through education, and gaining economic independence. Women’s empowerment through education could allow them participate in decision-making positions in society. Economic empowerment of women further transforms them into strong and powerful agents of social change. To lighten the work overload of women, there is need for all southern Sudanese to rethink and re-evaluate the socialization of children. It is important that children are treated equally regardless of their gender. Thus both boys and girls should help out in the household task in order to eliminate the differentiated understanding of work. Raising awareness on the importance of educating both boys and girls in the family is necessary. As the educational institutions in the south play a major role in children’s lives, there is need to develop and promote an inclusive, and gender-sensitive curriculum and teaching methods that are reflective of the diversity of the southern Sudanese people and that respect the rights of women and girls. It is through such actions that gradual change of attitudes, perceptions and behavior could occur.
Dr. Jane Kani Edward is a Sudanese Canadian living in the USA. She can be reached at [email protected]