Title: Stand to Abolish Degrading and Repressive Laws against North Sudan Wom
Author: Bedawi Tago
Date: 09-20-2013, 07:03 AM
TAGO LAW OFFICE
BARRISTER and SOLICITOR
1960 Lawrence Ave. East Unit # 7
Toronto, ON, M1R 2Z1
Tel: (647) 341-8246
Fax: (647) 341-8247
Stand to Abolish Degrading and
Repressive Laws against North Sudan Woman (Lashing, Flogging, Stoning)!!!
Amira Osman, a female North Sudan , Sudan Engineer, is scheduled to appear before the Criminal Court assigned to look offences specified under the Sudan Penal Code 1991 part 15-, this Septemer19th,2013 and that she is charged under section 152 of the Sudan Penal Code 1991, which provides;
1. Whoever commits, in public place, an act or conduct /himself/her in an indecent manner, or manner contrary to public morality, or wears an indecent or immoral dress, which causes annoyances to public feelings, shall be punished, with whipping/flogging not exceeding forty lashes, or fine or both.
2. The act shall be deemed contrary to public morality, if it is so considered in the religion of the doer, or the custom of the country where the act occurs.
3. I will not go into narrative of the facts because, it is already availed to the whole world that the accusation is simply based upon the indecent uniform illustrated she was wearing at the date of the occurrence as shown by the media – “Tarha Scarf” which does not please the talk of police, neither, being “adored” or sanctioned by the prosecutor, who interrogated and instigated her to perform, how she wears the “Tarha” on her head to determine whether dress- is uniform decent or indecent?
4. Due to the enlighten personality of the Amira she was adamant to perform as she was asked and considered it as an arbitrary demand from the prosecution. Without merits or rationale to the impact of what will ensue, the Public Attorney enunciated to prosecute her under the domestically and internationally condemned arbitrary section 152 of the Sudan Panel Code
5. No regard, or learned lesson has ever been considered since the Similar Occurrence had ensued earlier in the year 2009 to the Journalist Lubua Hussein when all Human Rights Forums, Immensity International, U.N. New Centre- speaking art and condemning sentencing of female for wearing trousers!!! No regard is being given to the urge that Sudan should prohibit torture and cruel, inhuman or degrading treatment or punishment to its own female/male citizen which was the earlier resolution of the African Commission on Human Rights and People Rights which called upon Sudan to promptly abolish flogging and lashing/whipping of its citizens pursuant to Sudan Penal Code 1991 so as to conform to the international rights instruments and the African Charter and the Domestic Agreement Cairo Agreement of June 2005 read with the Comprehensive Peace Agreement (2005) that focus and enshrined the review of all National Law that are repugnant to the Interim Constitution National Constitution (2005) Bill of Rights emaciated in part II Article 27, 28, 29, 31, 32, 33, 34, 48.
6. It is a fundamental patriotic urge that Laws promogulated during the era of the Utilitarian populist Theocratic states 1983-1985, (as the first norm of the religious state) and the same, Laws of the era of the 2nd Utilitarian populist Theocratic state (June 1989- up to day) be abolished on its entirety, or at least be review to conform with the established standard of laws that function and in consonant with fundamental principles of Human Rights Laws regionally and internationally recognized, by the Sudan Government and its citizen e.g, African Charter and Political Rights (ICCPR) to which Sudan is a state party?!
7. The law primarily targets Sudanese Women which labels it as a sexist law and repugnant to the fundamental principles of gender equality and consequently a discriminatory law.
8. It is clear that the law lack proper draftsmanship, since it is vague and tainted with ambiguity – what constitutes decent or indecent dress? I recall on the year 1978 a symposium at the Khartoum Faculty of Law was a dressing the same provision, at that time was merely named Public Moral Bill Act, which stipulated the same vague section, a clear legal Jurisprudential Critic was launched by Dr. Nogdalla and Al Naiam and myself, but still the theocratic Jurist promulgated the same criticized provisions as Law during the area 1983 and reintroduced after the Coup June 1989 in the Sudan Penal Code 1991 and the Public Moral Bill Act 1999 by the Khartoum state (Walaia).
9. The Law is discriminatory and fragments the society pursuant not only on their gender but, upon their religions, and customs, which by itself is a lacuna and creates different criteria and standard for its implementation and observance.
10. It is in essence on arbitrary Law in the absence of the inform standard and derogates Judicial impartiality, fairness and Justice. Just a hint, please revert to Section 15 of the Canadian Constitution.
11. Time has come to abolish all degrading, downsizing and humiliating Law that violate Sudanese Women fundamental Rights. Read me please at this link : http://www.sudaneseonline.com/articles-and-an...i-yousef-bashir.html, please read me in Arabic sudaneseonline.com my article link: http://www.sudaneseonline.com/cgi-bin/sdb/2bb...ard=7andmsg=1378185635
12. The urge to collaborate and to stand in support with Sudan Women Cause is a vital step towards democracy, Justice, and Fairness.
13. I appeal and urge the Minister of Justice and Attorney General of North Sudan The learned Mr. Justice Mr. Dosa to exercise his unique powers stipulated in section 37 (1) read with section 58(1) of the Sudan Criminal Procedure Act 1991 and close this proceeding with a vision to conform to the review of all theocratic arbitrary laws enforce pursuant to the Cairo pact of 2005 to which the National Sudan Opposition Movement anticipated.
Sincerely, Bedawi Tago