Sudan Repeals Public Order Laws – A Step Forward for Women’s Rights

Sudan has repealed a restrictive public order law that controlled how women acted and dressed in public. Prime Minister Abdalla Hamdok announced the much-applauded move on 29 November 2019.

The abolition of the Public Order Law by the transitional government reminds me of the image of the brave young woman stepping on the back of a young man helping her climb the wall during one of the protests. That moment was a seal of victory and a sign of the wellness – pic.twitter.com/qddk3Hf9jO

— Abdalla Hamdok (@SudanPMHamdok) November 29, 2019

I pay tribute to the women and youth of my country who have endured the atrocities that resulted from the implementation of this law.

— Abdalla Hamdok (@SudanPMHamdok) November 29, 2019

The Public Order Act, adopted in 1992 by the recently-ousted former Sudanese President Omar Al Bashir’s Islamist government, gave the public order police extensive powers to arrest any person, particularly targeting women’s behaviour and clothing in public. In addition, the law allowed for the detention and public flogging of women who did not behave according to a “moral” code, which included not allowing women to wear trousers.

Reacting to the Sudanese government’s decision to repeal the public order laws, which governed among other things, women’s presence in public spaces, Amnesty International’s Deputy Director for East Africa, the Horn and the Great Lakes, Seif Magango, said, ‘This is a big step forward for women’s rights in Sudan. The repeal of the public order laws was long overdue. Many women were arbitrarily arrested, beaten and deprived of their rights to freedom of association and expression under this discriminatory law.’

‘The transitional government must now ensure that the entire oppressive public order regime is abolished. This includes repealing the articles dictating women’s dress code that are still in the criminal law, disbanding the public order police and the dedicated courts, and abolishing flogging as a form of punishment,’ he added.

‘The authorities must amend the criminal law of 1991, especially Articles 77 and 78 governing consumption of and dealing with alcohol, and Articles 145-158 governing so-called “morality”, including consensual sex, dress code, and other matters on the conduct of individuals in private spaces,’ said Magango.

Amnesty International calls on the government of Sudan to go further and ratify important instruments related to women’s rights including the Maputo Protocol governing the rights of women in Africa, and the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Sudan’s ruling Sovereign Council also announced the dissolving of the former Islamist ruling party, the National Congress Party (NCP), which was found by Al Bashir during his reign. Both moves were announced based on their legislative prerogatives.

The law passed to dismantle NCP and disempower it, did not result from a quest for vengeance but rather to preserve and restore the dignity of our people who have grown weary of the injustice under the hands of NCP who have looted & hindered the development of this great nation.

— Abdalla Hamdok (@SudanPMHamdok) November 28, 2019

The Sovereign Council and cabinet issued a law titled “Dismantling of the regime of 30th June 1989” to dissolve the NCP. Its registration has been cancelled from the list of political parties in Sudan.

The Sovereign Council came into power on 21 August 2019, following nearly nine months of anti-government protests which forced the military removal of Al Bashir. When protests began in December 2018, Al Bashir faced large-scale protests, which demanded his removal from power. On 11 April 2019, Al Bashir was ousted in a military coup d’état, which brought the Transitional Military Council (TMC) to power until the TMC and Forces of Freedom and Change (FFC) signed a power-sharing agreement on August 2019 on the joint sovereign council that will rule for at least three years and three months until democratic elections are held in 2022.