DETENTION OF YOUNG WOMEN IN JUBA FOR WEARING TROUSERS

UNCLAS KHARTOUM 001518 DEPT FOR A/S FRAZER, SE WILLIAMSON, AF/SPG NSC FOR PITTMAN AND HUDSON ADDIS ABABA FOR USAU DEPT PLS PASS USAID FOR AFR/SUDAN SENSITIVE SIPDIS E.O. 12958: N/A TAGS: ASEC PGOV PREL KPKO SOCI AU UNSC SU SUBJECT: DETENTION OF YOUNG WOMEN IN JUBA FOR WEARING TROUSERS ¶1. SUMMARY: On October 5, 2008 28 women were arrested and detained by Southern Sudan Police Services (SSPS) officers for wearing short skirts or trousers. The arrests were made under the authority of a Public Order issued by the Juba County Commissioner Albert Pitia Redantore on October 2, 2008. It has since been rescinded by President Salva Kiir, who sacked the Juba Country Commissioner on October 9. END SUMMARY. ¶2. On October 5 police in Juba arbitrarily arrested and detained at least 28 women, including 11 girls aged 13 to 17 years, for wearing trousers or short skirts. No information was received on men or boys being arrested by police, underscoring the gender discriminatory nature of the police action. Reportedly, a female international journalist investigating the incidents was also temporarily held by authorities for about two hours. ¶3. The New Sudan Penal Code 2003 does not contain a criminal norm prohibiting indecent dress. Instead, the police based its action on an order issued by the Juba County Commissioner on 2 October (without legal authority according to UNMIS Human Rights preliminary analysis). Order 4/2008 criminalizes - quote - "all bad behaviors, activities and imported illicit cultures." ¶4. On 7 October, Southern Sudan President Salva Kiir ordered the immediate release of any women remaining in custody and ordered an investigation into the incident. The Southern Sudan Minister for Gender, Social Welfare and Public Affairs and the Southern Sudan Ministry of Presidential Affairs publicly condemned the arrests. On October 9 Kiir issued Decree 124 relieving Albert Pitia Redantore from his office as Commissioner of Juba County after ordering an investigation into the incident, and specifically into how the local county order had come to be issued. ¶5. Cases of police arresting, intimidating or harassing women and girls for clothing considered to be indecent by the authorities (usually jeans, trousers or short skirts) have been repeatedly documented by UNMIS Human Rights. Similar incidents occurred in Malakal in October 2007, in Yei County (Central Equatoria) in June and July 2008 and in Juba in late June 2008. Arrests for indecent clothing have also been reported in Khartoum, where authorities base such arrests on the Criminal Act 1991. ¶6. Comment: Article 152 of the Criminal Act 1991 prohibits "indecent or immoral dress, which causes annoyance to public feelings." However, the Southern Sudanese authorities have decided that the Criminal Act of 1991, which claims to be sharia-based, does not apply in Southern Sudan. It is superseded by the New Sudan Penal Code 2003, which does not contain a prohibition of indecent dress. The GOSS determined that the arrests, therefore, lack a valid legal basis and must be considered arbitrary and unlawful. Their arbitrariness is enhanced by their gender discriminatory nature given that only women were targeted. That President Kiir acted so swiftly to release the detainees and sack the commissioner responsible for issuing the edict speaks well of his leadership and commitment to human rights. ASQUINO