Sudan: UN speaks out on sentencing of former female staffer for wearing trousers

The United Nations human rights arm today spoke out against the sentencing of a former employee of the world body in Sudan for wearing pants, stressing that the case is representative of discrimination against women in the African nation.

The United Nations human rights arm today spoke out against the sentencing of a former employee of the world body in Sudan for wearing trousers, stressing that the case is representative of discrimination against women in the African nation.

Lubna Hussein, who formerly worked for the UN Mission in Sudan (UNMIS), was sentenced yesterday to one month in jail, with the alternative of paying a 500 Sudanese Pound, or $200, fine, for dressing in an “indecent” manner.

But the Sudanese Criminal Court “does not define what constitutes ‘indecent dress’ and leaves wide discretion to police officers, raising concerns that the arrests are being conducted arbitrarily,” Rupert Colville, spokesperson for the Office for the High Commissioner of Human Rights (OHCHR), told reporters in Geneva.

Ms. Hussein was spared the punishment of up to 40 lashes allowed under Sudan’s 1991 Criminal act, but under international human rights standards, flogging is seen as cruel, inhuman or degrading punishment, according to OHCHR.

When asked about Ms. Hussein’s case in July, Secretary-General Ban Ki-moon told reporters that flogging contravenes international human rights standards. “I call on all parties to live up to their obligations under all relevant international instruments,” he said.

“Lubna Hussein’s case is emblematic of a wider pattern of discrimination and application of discriminatory laws against women,” Mr. Colville stated today.

She was arrested with 13 other women, and their detentions were all arbitrary and at the discretion of police officers, he added.

At the time of her arrest, Ms. Hussein was not informed of her charges, violating the International Covenant on Civil and Political Rights, to which Sudan is a State party, as well as its own Interim National Constitution.

“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,” the OHCHR spokesperson said.

Given her status as an UNMIS staff member at the time of her arrest and initial trial, Ms. Hussein, who subsequently resigned during her trial, was represented by the mission’s lawyers.

However, the other women arrested did not have access to legal representation and did not have enough time to prepare their defence. Some received flogging sentences, which were carried out immediately.

The 2005 Comprehensive Peace Agreement (CPA), which ended Sudan’s north-south civil war, requires a comprehensive review of national laws, including the Criminal Act, to bring them into line with the Interim Constitution and the country’s international human rights obligations.

“This review has yet to be completed,” Mr. Colville said.