Sexual and gender-violence against women in the Sudanese conflict
Posted: 22 April, 2024 Filed under: Joris Joël Fomba Tala | Tags: conflict, gender-based violence, human rights, International Covenant on Civil and Political Rights, International Humanitarian Law, rape, Rapid Support Forces, refugee women, reproductive health, Sexual and gender-violence, sexual violence, socio-economic development, Sudan, Sudanese conflict, torture, United Nations Convention against Torture and Other Cruel and Degrading Treatment or Punishment, women’s rights Leave a comment
Author: Joris Joël Fomba Tala
Researcher, Centre for International and Community Law
Introduction
The conflict that broke out in Sudan (Republic of Sudan) on 15 April 2023 between two rival military factions has had disastrous consequences for women. Dubbed the “war of the generals”, the conflict pits Sudan’s armed forces against the Rapid Support Forces (RSF). In its 2024 report, UNFPA said it was very concerned about the escalation of cases of gender-based violence in the Sudanese conflict. This particularly alarming against the background of an already dire situation of women’s rights in Sudan before the outbreak of hostilities, as the Special Rapporteur on violence against women reported about Sudan in 2016. Almost a year after, the fighting continues in the main cities of Sudan, but the fact remains that Sudan still has no functioning government. UN Women says it is “shocked and condemns reports of increasing gender-based violence in Sudan, including conflict-related sexual violence against women and displaced and refugee women”. In the same vein, UN Women Africa expressed its deep concern about the serious consequences of the Sudanese conflict on women and girls and called for immediate action against the violence they face. However, in a context of armed confrontation, it is undeniable that both parties do not respect international legal standards and commit serious violations against women and girls. This article discusses the application of the relevant legal rules for the protection of women applicable to the Sudanese conflict. The first section will identify these rules. The article will then analyse the various forms of sexual and gender-based violence prevailing against women and finally make proposals for better protection of women in the Sudanese conflict.
Perpetuating Patriarchy via Polygamy: Gaps in Legal Pluralism, the case of Afar and Somali regions of Ethiopia
Posted: 15 March, 2024 Filed under: Rehim Baharu Elala | Tags: child marriage, Civil Code, Deputy Chief Commissioner for Women and Children Affairs, discrimination against women, Ethiopian Constitution, Ethiopian Human Rights Commission (EHRC), family relations, Federal Family Law, fundamental rights, Harmful practices, human rights, human rights violations, polygamy, right to equality, right to health, the right to bodily integrity, traditional practices, women’s marital rights, women’s rights Leave a comment
Author: Rehim Baharu Elala
Human rights attorney and women’s rights advocate
A Somali man should at least have three wives: one to raise the children; a second woman for the housework; and a third one whom he can beat as a warning to the others – An old Somali proverb
The above proverb reflects the societal mindset towards polygamy and the wrong perception towards women’s marital rights. This is besides the cultural and religious influences on women to engage in polygamous marriage both in the Afar and Somali regions. Inequality in the family underlines all other aspects of discrimination against women and is often justified in the name of custom or religion. To eliminate discrimination against women in all matters relating to marriage and family relations, states are expected to take all appropriate measures.[1]
The 1995 Ethiopian Constitution guarantees equal rights for women with men in marital, personal, and family matters under article 34. The frequent mention of equality of men and women in all family relations arises from the need to combat traditional practices based on customary or religious notions that perpetuate discrimination against women.[2]
The Maputo Protocol: Abolitionist or tolerative approach to polygamy, in the light of Ethiopia’s reservation?
Posted: 21 August, 2023 Filed under: Meron Eshetu Birhanu | Tags: Article 650, Criminal Code, cultural norms, Ethiopia, human rights, imprisonment, lack of legal protection, Maputo Protocol, Maputo Protocol Ratification Proclamation, monogamy, polygamous marriage, polygamy, polygamy belt, religious laws, religious norms, Revised Family Code, social norms, traditional practices, women’s rights 1 Comment
Author: Meron Eshetu Birhanu
Technical Assistant, African Commission on Human and Peoples’ Rights (ACHPR)
Despite growing modernity and advocacy for women’s rights, polygamy remains a common practice embraced by social, cultural, and religious norms[1] in most parts of Africa, including Ethiopia. The highest proportion of polygamy in Africa is found in the so-called ‘polygamy belt’, which spans from Senegal in West Africa to Tanzania in East Africa.[2] According to the 2016 Ethiopian Demographic and Health Survey, 11 percent of married women in Ethiopia are in polygamous relationships, of which 9 percent have one co-wife and 2 percent have two or more co-wives.[3]
Women’s right of inheritance of property: Perspectives of a female lawyer from South Sudan
Posted: 18 April, 2023 Filed under: Cedonia Victor Legge | Tags: CEDAW, Convention on the Elimination of all forms of Discrimination against Women, Cultural barriers, inheritance of property, Institutional barriers, international human rights treaties, Land Act, legal frameworks, Maputo Protocol, patriarchal traditions, progressive laws, property, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, South Sudan, women’s rights 1 Comment
Author: Cedonia Victor Legge
Advocate and LLM scholar, University of Juba
Introduction
Women in South Sudan make up more than half the country’s population, yet they have the least influence in the society ¾ especially in the right of access to property ¾ movable and immovable. Whereas the law guarantees the right of women to inherit property, patriarchal traditions continue to deny women from inheriting property. This article discusses my first-hand experiences as a female practicing lawyer in South Sudan. I start by pointing out the legal frameworks on women’s right to own property in South Sudan. This is important to show that South Sudan has legal obligations and a duty to ensure equal access to property by women. It is also crucial for the government to address barriers placed before women in enjoying such a fundamental right. The article proceeds to examine the traditional practices that are opposed to legal frameworks guaranteeing women’s rights to inherit property. The article ends with some recommendations that I put forward to address women’s right to inherit property.
Transitional Justice and Women in Africa: How the Material Turn is still difficult to be seen?
Posted: 28 November, 2022 Filed under: Cristiano d'Orsi | Tags: Africa, African countries, community courts, compensatory assistance, crime against humanity, customary law, domestic instruments, domestic level, gender-based violence, Maputo Protocol, military tribunals, popular culture, rape culture, sexual violence, traditional justice systems, Transitional Justice, violations, violence, violent crime, women, women’s rights Leave a comment
Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg
As envisaged in the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), transitional processes should recognize the gendered nature of conflicts in which women are affected disproportionately, both directly and indirectly, by violence (see, for example, Article 10 –Right to Peace- and Article 11 –Protection of Women in Armed Conflicts-).[1] However, gender concerns in Africa have been rarely incorporated into Transnational Justice (TJ) through mainstreaming gender as a crosscutting issue. The nature of the violations to which women are usually subjected on the continent, and the impact of such violations on them, means that the issue of women and TJ should be treated on its own. Nevertheless, there is still a long way to go to comply with this measure. Normally, states emerging from conflicts or authoritarian repression should ensure women’s representation and participation at all stages of TJ processes by writing women’s participation into peace agreements and TJ laws and policies. Nevertheless, seldom has this been the case in Africa.
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