From Oppression to Empowerment: Women’s Right in the Founding Charter and Transitional Constitution.

 

Introduction: Women and the History of Marginalization in Sudan

Women in Sudan have long been victims of legal, social, political, and economic discrimination. Selectively enforced laws derived from Islamic Sharia have been used to impose male guardianship over women, restrict their freedom, and deny them basic rights. This discrimination was not limited to the legal sphere but deepened with the outbreak of civil wars, where women in conflict zones became direct targets of systematic violence, including mass rape, sexual slavery, and forced displacement.

With the introduction of the Founding Charter and the Transitional Constitution, a fundamental shift in addressing women’s issues emerged. These documents establish full equality between men and women as a non-negotiable constitutional principle, breaking away from the male-dominated legacy of oppression justified by religion and tradition while embracing women’s rights as outlined in international conventions and treaties.

1. How Do the Two Documents Address Legal Discrimination Against Women?

* Sudanese Laws as a Tool for Systematic Discrimination Against Women

Discrimination against women in Sudan was not merely a social practice but was institutionalized and codified in legislation. Laws governing personal status and public order played a key role in restricting women’s rights and placing them under male guardianship.

A. The 1991 Personal Status Law: How Does the Founding Charter Address It?

Child Marriage: The law allowed girls to marry as young as ten, disregarding the Convention on the Rights of the Child (CRC), which sets the minimum marriage age at 18.

The Founding Charter prohibits child marriage entirely, criminalizing any marriage before the age of 18 and imposing penalties on violators.

Mandatory Marital Obedience: The law granted men the authority to force women into obedience, stripping them of their legal and economic independence.

The Founding Charter abolishes the concept of marital obedience, establishing a principle of equal partnership in marriage and ensuring women’s right to work and move freely without restrictions.

Inequality in Divorce: Divorce remained an exclusive right for men, while women could only request divorce under limited conditions.

The Founding Charter guarantees equal divorce rights for both men and women, allowing women to dissolve their marriages without religious or customary restrictions.

B. Public Order Laws: How Does the Transitional Constitution Address Them?

These laws targeted women’s freedom in dress, movement, and employment, often leading to their flogging and imprisonment under vague charges such as “indecent attire.”

The Transitional Constitution repeals all laws that restrict women’s freedom of expression and appearance, criminalizing any form of legal discrimination or violence against them.

A notable example was the 2009 case of journalist Lubna Hussein, who was flogged for wearing trousers. This case highlighted how religious laws were used to oppress and subjugate women.

The Founding Charter prohibits the use of religious laws as a tool for social punishment and guarantees women’s freedom to dress according to their personal choice.

2. How Do the Two Documents Address Religious and Ethnic Discrimination Against Women?

* Discrimination Against Non-Muslim Women in Sudanese Law

Imposing Islamic Laws on Non-Muslims: Christian and non-religious women were forced to abide by Islamic personal status laws, denying them the right to civil marriage and equal divorce rights.

The Founding Charter guarantees freedom of belief and grants individuals the right to choose the laws governing their personal lives.

Sexual Violence Against Women from Ethnic Minorities: In conflict zones, women from marginalized ethnic groups were systematically targeted with mass rape as a tool of “ethnic re-engineering.”

The Transitional Constitution criminalizes rape as a weapon of war and ensures that perpetrators are prosecuted in local and international courts.

3. How Do the Two Documents Address Women’s Political and Economic Marginalization?

* The Political Exclusion of Women

Despite leading revolutionary movements such as the December 2018 uprising, women’s representation in transitional governments remained largely symbolic and ineffective.

The Founding Charter guarantees a minimum of 40% female representation at all levels of governance.

Economically, women have been denied equal access to resources, land, and investment opportunities.

The Transitional Constitution guarantees women equal rights in property ownership and inheritance, abolishing laws that prioritize men in wealth distribution.

4. How Do the Two Documents Address Violence Against Women in Conflict Zones?

* Women’s Bodies as a Battlefield

During conflicts in Darfur, the Nuba Mountains, and the Blue Nile, sexual violence was used as a tool of cultural genocide.

The Founding Charter mandates the prosecution of perpetrators of mass rape and sexual violence before the International Criminal Court (ICC).

Rather than punishing the perpetrators, society stigmatized survivors of sexual violence.

The Transitional Constitution ensures legal and psychological support for survivors of sexual violence while protecting them from victim-blaming.

Conclusion: Towards a New Sudan that Champions Women’s Rights

The Founding Charter and the Transitional Constitution are not just legal reforms; they represent a social and political revolution that places women at the center of rebuilding a new Sudan. For the first time, women’s rights are recognized not as demands but as inalienable constitutional rights.

How Does the Charter Shape the Future of Women in Sudan?

✔ Eliminating legal and religious discrimination and establishing equal citizenship.
✔ Prosecuting perpetrators of sexual violence in conflicts and ensuring justice for survivors.
✔ Abolishing laws that enforce male guardianship over women and empowering them economically and politically.

With these reforms, the new Sudan will become a nation that guarantees justice and equality for women, ending centuries of discrimination. Women’s bodies will no longer be battlegrounds for war or instruments of humiliation but will instead symbolize active partnership in building a country founded on justice, equal citizenship, and human dignity.