Women in South Sudan: Falling through the cracks

The Strategic Initiative for Women in the Horn of Africa (SIHA) Network this week released a report entitled Falling through the Cracks- reflections on customary law and the imprisonment of women in South Sudan. The exhaustive report was compiled for SIHA by Deirdre Clancy of International Refugee Rights Initiative (IRRI). Yours truly also assisted in some of the researching and editing, as a lowly intern back in the day (ahem, yeah not that long ago. . .).

The report is about 110 pages long but is quite readable. It's definitely worth a look for anyone working on/interested in South Sudan, the integration of customary law systems or gender issues. Any legal geeks amongst you will definitely want to give it a look.

The report is extremely critical of the customary law framework. The interpretative nature of customary law leaves it open to misuse and abuse. In South Sudan, it is women who primarily suffer from such a system.

SIHA are quick to dispel any attempts of those who attempt to claim cultural relativity prohibits any criticism of customary law practises:

". . this paper focuses on the narratives of women in South Sudan who have been victimised through repression under customary law systems. Accordingly, this paper challenges the now popular notion that customary law should be empowered as a tool for conflict resolution, which without strong rule of law behind it, can become dysfunctional, leading to massive conflict within and between communities. Using customary legal frameworks without due consideration for the consequences of their application, as well as the basic capacity of traditional institutions has resulted in women being held hostage to the dowry system," (pg8).

In South Sudan "the use of customary law systems has led to the dehumanisation and detainment of women and is something that needs to be addressed with the universality of human rights in mind and with women’s contribution to the livelihoods of their families and communities being disassociated from the dowry system altogether."

The malleable nature of customary law means there were great variations from state to state in its applications. Certain states have extremely poor records in terms of providing justice for women. The report found that imprisonment is often used to coerce women, usually to change their mind about seeking a divorce.

Although rape can be prosecuted under customary law procedures, 'justice' is considered in terms of a woman's bride price i.e. reparations are for the raped woman's family, who have 'lost' money. Justice is not for the raped woman. The rape of an older, married woman will not be punished as harshly as the rape of a young, unmarried woman for this reason.

As the constitution making process continues in South Sudan, the difficult task of codifying customary law system is underway. SIHA's report is well worth a read for its findings and recommendations on the issue.

Beyond the catch phrases: why the memorialisation of mass atrocities matters

I detest the phrase 'Never again'. I hate how it is wheeled out whenever genocide or mass atrocities are discussed, the implication being that such events will not be allowed to happen again. I don't need to begin listing instances where such a notion has been proved tragically false.

Holocaust Memorial, Berlin

Aside from the use of silly catch phrases however, I believe the memorialisation of mass atrocities is extremely important. It is not just about remembrance but also about preventing future atrocities. Societies which have gone through mass atrocities are deeply wounded. With such large scale violence committed, with so many perpetrators, it is impossible to hold all the guilty to account. Inevitably, some justice will be found through truth commissions or international tribunals, but with many perpetrators walking freely amongst victims, memorials serve as an important reminder that the atrocities, nor the dead, have not been forgotten.

I worked on this issue a lot last year, working on the African Union Human Rights Memorial which will (initially) memorialise the Ethiopian Red Terror, the genocide in Rwanda and Apartheid in South Africa. The irony of working on such a memorialisation project with the African Union is not lost on me, given the protection it affords to certain heads of state who are certainly guilty of committing atrocities. It is however a worthy project.

I'm reading this fantastic book at the moment about the legacy of the Troubles in Northern Ireland, which claimed the lives of 3,500 people. It may seem like a small number but Northern Ireland is a small place; according to McKay, if conflict on a comparable scale occurred in the UK, the dead would number 150,000.

Memorialising the Troubles in print form

With the much celebrated peace process, Northern Ireland has made incredible process since the late 90s (despite recent flare ups of violence). But it comes at a price. People who had bombed, tortured and killed, on both sides, were set free. In the interests of peace, 'moving on' was now what was needed. Speaking of those who had been killed or disappeared did not fit into this new narrative.

As Primo Levi described, there is much pain in 'the unlistened -to story'.

There is great difficulty in balancing a society's grief with it's need to move on and heal. How do we combine recovery with remembrance?

Sites of conscience are considered to be more than 'just' memorials. Without getting into technical differences, sites of conscience are memorials which seek to tap the power and potential of memorialization for democracy by serving as forums for citizen engagement in human rights and social welfare (www.sitesofconscience.org). They are memorials which engage new generations. Memorials should not be static or undermine their own goals. They should be inclusive, participatory if at all possible and should stimulate and encourage debate.

One criticism I often dealt with when speaking about the importance of memorialisation was that it wasn't an important issue; that people needed 'real' help after conflict or atrocities. This is not a hierarchy. Many needs are more immediate than others, the obvious ones been food, shelter, etc. But post-conflict societies will not fully recover without properly addressing their pasts and if they fail to do so, the danger of conflict re-emerging is great. We can see this in cases such as Northern Ireland or indeed Rwanda, which has not adequately dealt with many of the issues arising from the 1994 genocide.

Names of the dead line the walls at the Kigali Genocide Memorial

Skulls on display at the Kigali Genocide Memorial.

If done incorrectly, memorialisation can be extremely damaging to societies, causing further divisions and exacerbating tensions. It is an extremely delicate process but also a necessary one.

Why I wrote an 'angry human rights' piece about rape and international law

Yesterday, A Safe World for Women published my piece on the International Criminal Court's acquittal of DRC warlord Mathieu Ngudjolo Chui.

It's not a balanced piece. Ngudjolo is guilty. His acquittal is not the fault of the ICC judges but of the prosecution team who presented an extremely weak case.

There was no excuse for such a weak case. There is an abundance of evidence in the DRC, where hundreds of thousands of women and children have been raped and millions killed in the last ten years or so.

It's not a PC thing to admit, especially for a human rights folk, that the ICC is essentially 'a court for the guilty' and that an acquittal is unacceptable. But this is the harsh truth. I talk about this further in the piece; thousands and thousands of women have been raped by thousands of militias and soldiers. The DRC does not have the will or capacity to hold them all to account. So the International Community, working through the ICC, attempts to provide some form of justice or recourse for victims. They cannot try the thousands of guilty. So they choose a handful, to make an 'example' of.


And they fail in even that.

It's not enough to have rape listed as a war crime. Last year, the International Criminal Tribunal for the Former Yugoslavia (ICTY) produced a documentary about the prosecution of sexual violence in international law entitled 'The Triumph of Justice'. It's worth a watch as it is interesting. Although the ICTY has done much for the advancement of the prosecution of sexual violence, the title is disingenuous in the extreme. About 30 individuals have been convicted on charges related to sexual violence by the ICTY. Around 50,000 women were raped during the conflict in Bosnia alone.

Let's not speak about the triumph of anything here except impunity.

What's been going on. . . .

. . . in the world

Well, an awful lot obviously, but here are the stories I've been following closely.

Ireland

It's been all fun, games and abortion debate here in the Emerald Isle. Two weeks ago, the Oireachtas (the Irish Parliament) held a hearing on the proposed abortion legislation which will clarify the existing legislation surrounding medical terminations in cases when the life of the mother is at risk.

I cannot stress this point enough: Abortion will only be legalised in cases where the life of the mother is at risk. It will remain illegal in cases of rape, incest or when a pesky woman decides she has autonomy over her own health care. 

The majority of debate in Ireland at the minute is surrounding the issue of suicide. The Supreme Court ruled that abortion be permitted in cases of where the risk to the mother's life is suicide. Many people don't like this. Many people however (yours truly included) are not really qualified in such matters however and it was good to hear the opinions of those who are. 

The Journal.ie had great live blogging of the hearings and this piece "13 things we learned from Oireachtas abortion hearings this week," is well worth a read.

Kenya

Elections in Kenya are set for March 4th. Although a new constitution, election commission and a reformed judiciary have been introduced since the outbreak of political violence that marred the country in 2007-2008, sporadic outbreaks of minor political violence have fuelled fears of the potential for wider conflict. The International Crisis Group have warned the potential for local violence is especially high, due to candidates campaigning along ethnic lines and exacerbating tensions within and between communities. The ongoing ICC case against four individuals relating to the 2007 election, has raised the stakes for this years election even higher. 

allAfrica.com has a good commentary on the upcoming election, heavily based on a report by the ICG, here.

Sudan

The wonderfully effective police state in Sudan continues its crackdown on independent civil society. Human Rights Watch detailed the crackdown here.

In good news however, South Kordofan activist Jalila Khamis was yesterday released after being imprisoned for ten months on trumped up charges. Although charged with treason, which carries a death sentence, she was found guilty of lesser charges and the judge ruled her time served. This piece from back in October is a good summary of the ridiculous charges brought against Jalila and of the terrible price often paid by civil society activists in Sudan.

Europe

It snowed, as it does every year, and everyone lost their shit, as they do every year (London, I'm looking at you). To be fair, particularly heavy snow which grounds flights, closes schools and businesses etc. is a nightmare. But it does make for some awfully pretty pictures 

. . . in my world

It's January so, inevitably, I'm detoxing- in my own, special half-assed way; caffeine is still in, most carbs are gone. Foregoing my beloved spaghetti and meatballs has made me quite cranky (crankier I hear you yell; yeah alright, well done), plus my GHD broke so I'm full of curly headed rage at the minute. It's a terribly attractive sight.

In case you missed it, just before Christmas I wrote a piece for A Safe World for Women on the frequency of suspended sentences for sexual and domestic violence convictions in Ireland. You can read it here.

Last week I had the pleasure of hearing Mary Robinson speak at NUI Galway, which I blogged about here.

Resolutions and all that? Read more, blog more, exercise more. For Christmas I got these two books, both of which I loved.

 


And I'm currently alternating between this. . .

 


. . .and this

 

It's good to have varied interests after all.

Also, like any good political junkie, my Borgen obsession has been reignited by BBC4. I have a girl crush on Brigitte and an actual crush on Kasper. See below.





It's my birthday in a couple of weeks. Last year, I celebrated by spending a few days in Marseilles and Aix-En-Province with two of my best friends. We drank a lot of wine, walked miles from bakery to bakery to try as many different macaroons as possible and generally had a fantastic time!

This year will probably involve slightly less macaroons but just as much wine I'm sure.

New pieces coming up on human rights vs development, renewed violence in Northern Ireland and the ICC's involvement in the DRC; don't miss out:)

Being a female activist in Sudan

I've written before about the esteem I have for female activists in Sudan; the conditions and pressure they work under are truly horrific. They operate in a total police state. The laws in their country are a corrupted version of Shar'ia law, designed to exert social control and keep women hidden at home. They can be picked up at any time by security agents who may torture and rape them with impunity.

It's no small decision to continue with your activism under such conditions. I spoke to two young Sudanese women who have been involved in human rights activism to find out what drives them and how their difficult work has impacted their lives. 

Maha El-Sanosi 

 

" I was born in the heart of Khartoum and raised in Abu Dhabi, where I attended high school.  Upon graduating, I decided to attend university in Sudan and explore the cultures, customs and traditions of my country. Visiting every summer was not enough for me; I wanted to learn everything there is to know about Sudan. I did my undergraduate studies in Biomedical Engineering at a university in Khartoum.

 

I love my family more than anything in this world. My friends come second. I enjoy reading, sometimes more than I do writing. My biggest fear is to die without having accomplished much in life. I love to travel the world and try different things, eat different food. I am both claustrophobic and achluophobic."

Yosra Akasha 

 

"Originally I’m Nubian, but I  was raised in Khartoum, Medani, Sinnar and visited most of the cities and villages from Khartoum to Damazin, Gedarif & Kassala. I used to be a pharmacist before deciding to dedicate my time and efforts to defending human rights.

I'm not a loud person, I hate noise. I like walking, dancing, listening to music, reading books, playing with my nieces and nephews. I love fashion- dresses, shoes and make-up, although I hate putting on make-up every day. I love my boyfriend."

What led you to become politically aware?

 

Maha:  When I first moved to Sudan in 2003 I began educating myself about the political situation in my country. I've always had a passion for writing and in 2006 I started a blog. There was no Twitter or Facebook at the time, and I used my blog to voice my opinions on all matters pertaining to Sudan. It was and still is my outlet.

Yosra: In the 1990s, my brothers went to Jihad against the Christian Southerners. As I grew up, I knew that wasn't right. Innocent people were killed in those wars. Soldiers fought battles for no reason and still our lives are affected by lying politicians. When I was in my first year of college, protests against the genocide in Darfur were happening in major cities around the world while in Khartoum, only the Darfur Student Association were campaigning against it. I felt like something needed to be done in this country, which despite suffering Africa's longest running civil war, has no real anti-war campaign. 

Maha, you're a biomedical engineer but also a blogger and freelance writer; Was it always your intention to write or did it come about due to circumstance?

 

I remember owning a journal ever since I was a little kid. I still have some of them; I sometimes go back and read them just to have a little laugh. There were times when losing my walkman was the biggest problem in my life. When I discovered blogging it was my chance  to take my writing to the next level. I blogged anonymously and was grateful for the feedback I received. After I graduated from university and earned my engineering degree, I took up a job in my field but never stopped blogging. My best friend, journalist Reem Shawkat, encouraged me to become a freelance writer. I did; and I owe it all to her.

Yosra, when did you start blogging? Why?

 

I started blogging in August 2011, soon after my boy friend get back from Egypt. He told me about the success stories of Egyptian bloggers and how they influenced change in their country. He showed me a book about the use of blogs and social media. I had a lot of thoughts I wished to share with others and opinions I need to discuss especially I don't belong to any political party and I don’t have any place that my voice would be heard by others who had similar thoughts.

What is daily life for a woman in Khartoum like?

 

Yosra: Hard & unexpected for most women. You can be caught, humiliated and harassed without knowing exactly what kinds of charges you are facing. You have to follow certain dress codes and control your movements “even for work and study” in order not to be arrested or take the risk of challenging the regime. Tea ladies, street vendors and activist women are taking this risk on a daily basis.

Tell us about Sudan Revolts, from your perspective. 

Maha: The protests, triggered by the government's crippling austerity measures, were sparked by strong Sudanese women - namely the female students and dorm residents of the University of Khartoum. The bravery of Sudanese women is marked all over our history; they were at the forefront of the 1964 and 1985 revolution and have played a big role in shaping the political landscape of the country. However, austerity was not the one and only reason for the protests; but decades of injustice, war and corruption were the main driving force behind Sudan Revolts.

Yosra: It was an inspiring experience that indicated this regime will not last long. Sudan revolts didn't succeed in changing NCP regime but it proved that the change is coming. It was an outbreak of spontaneous protests which came from the people and showed us, “the activists”, what needs to be done/ organised to have a more powerful and successful wave of Sudan Revolts 2.

 

What was the personal impact of Sudan Revolts for you?

 

Maha: I have learned, lost and gained a lot. My life was turned around. My eyes opened to a lot of things I was blind to in the near past. Most notably I have transformed into a new person. This experience has matured me to a great extent.

Yosra: Motivating in terms of mobilising the efforts against NCP; heartbreaking for the Nyala victims and sad because of the pressure when a lot of friends were detained while I’m moving freely and helpless.

  

Is there a credible political opposition in Sudan, if Bashir were to be removed from power?

 

Maha: Current opposition may step up and claim power, yes. But very few of them have shown any significant support of the protests. When Bashir is removed from power, our only hope is the youth. Youth movements must transform into credible parties. The people trust them more than they do existing oppositions.

Yosra: In terms of political institutions, no. But Bashir himself is not credible to lead Sudan. At least there will be a space for the political institutions to grow up, and we have really good people who can build the Sudanese state

 

What next for you and for Sudan?  

Yosra:  I'll continue what I'm doing until I decide to have children; I'll step away for a while to raise them. For Sudan, getting rid of NCP and the parasitic, sectarian political parties. We need to build a new Sudanese state, after changing the NCP regime, or we will repeat the same mistakes of the 1964 and 1985 revolutions.

Maha: Freedom  

Want to know more? Maha blogs at http://mimzology.blogspot.com and is on Twitter @MimzicalMimz. Yosra blogs at http://kandakegranddaughter.blogspot.com and is on Twitter @Sudanesedream.

For general news on Sudan, try Sudan Tribune. To learn more about women human rights defenders in Sudan or to support their work, check out SIHA Network.