MEMORANDUM TO THE NDA LEADERSHIP COUNCIL

From: Committee Against Violation of Students & Women's Rights

TO: The NDA Leadership Council

WOMEN'S RIGHTS, EQUITY, AND REPRESENTATION IN THE NDA: 


Dear Sir/Madam,

It is well-known that the Sudanese women played a prominent role throughout the resistance of military regimes for the re-establishment of democratic rule in the Sudan. Up to this moment, Sudanese women continued to lead the struggle inside the country to overthrow the fascist regime of the National Islamic Front (NIF).

Because they constitute half of the population and as mothers of both females and males, it is mandatory that the National Democratic Alliance (NDA) fairly represents the Sudanese women on equal terms with men. The NDA must ensure full rights for women in the NDA Charter and the next permanent constitution of the Sudan. These rights should include full participation in decision making in recognition of the commitment of all NDA forces to the equal rights of women to those of men.

The Sudanese Women's Union, the oldest and largest grassroots women's organization with branches all over Sudan, involving the marginalized areas, is the only organization that accomplished the realization of women's rights. The Union struggled for the political rights of women since 1954.

The fierce battles of the Union against the Abboud regime are documented in the articles and caricatures of Sot Al-Mara (The Voice of Woman). The Union encouraged the participation of women masses in the October Revolution 1964 for whose sake Bakhitta Al-Haffyan, a housewife, sacrificed her life. These were the reasons behind the attainment of women the right to vote and candidacy in the national elections. The Union's president became the first member of Parliament in 1965 and she submitted to the parliament the draft bills concerning equal treatment for both women and men in the workplace. These bills were adopted by the Constituent Assembly late in 1968. Thus the Sudanese working women gained the right to equal pay for the same work, as well
as all terms of service.

The Union also succeeded in making positive changes in Sudan private law. Eventually, the Sudanese women managed to work in all fields of the labor force, including the judiciary (civil and Shari'a), diplomatic missions, the armed forces, the police, and the other areas of public service. All these achievements earned the Sudanese Women's Union a United Nations Prize for Human Rights in 1993. The Union also became the first women's organization in the whole world to acquire that distinguished reward which has not been attained even by women in America and the other western countries.

Based on these facts, it is clear that the Union is the true representative that actually realized the women's rights. Because the Union publicly struggled against the May regime, it was the only women's organization that represented the Sudanese women in democratic national alliances before and after the April Uprising in 1985. The women's right to representation in the NDA abroad was initiated by the SWU's president and the efforts exerted by the Sudanese Women's Forum in Cairo. None of the NDA forces have provided any representation for women in their delegates. Without any exception, none of the women members of the political parties raised the issue. It is therefore unfair, as well as a gross violation of democratic rights, to exclude the Sudanese Women's Union from NDA membership abroad, or to restrict representation only for the women who are members of NDA political parties.

Before we layout details of women's rights, we suggest that the NDA Charter be amended to accommodate the cause of women as a fundamental part of society's concerns in terms of democracy, human rights, social justice, and permanent peace.

The NDA historic agreement provided for the establishment of a pluralist democracy. This is a great step. But it is not sufficient. All western countries enjoy pluralist rule which
guarantees individual freedoms, the right to organization, and free expression and movement. Democratic rule allows the women to decide on their social lives as freely as men always do.

Despite the multiplicity of parties in Sudan, nevertheless, it is only the two major parties that exercise authority. Despite
the individual freedoms of women, they have not yet attained full equality with men in rights, payment, and decision making. The western model of democracy has not completely eradicated sexism, racism, or class injustices. It is therefore our suggestion that Article 5 of the NDA Charter be rephrased to read: [Achievement of pluralist democracy is centered on the enforcement of social justice and the protection of human rights]

In Section 5 of the NDA Charter, that states: [women's rights are guaranteed "without prejudice to religions"], makes it easy to exercise ijtihad in the name of Islam to restrict women's rights.

If the NDA agreement clearly separates religion from politics, it is then necessary to obliterate the clause under investigation so that Article 5 be fully compatible with the NDA agreement. This should rule out any possibility to confiscate women's rights in the name of religion. When all articles concerning women's rights are phrased, it will be clear that they do not contradict with religions or Sudanese values.

Dear Sir/Madam,

The NDA agreement and all laws based on the agreement should mention in particular the following:

(A) Individuals, tribes or political parties shall not possess fire arms.

(B) Formal councils composed of prominent men must be established by election to resolve the individual or tribal disputes. Councils must then work in conformity with the administrative regulations. Appropriate punishments must be prescribed for the wrong-doers.

(C) Women's Equal Rights with Men:

(1) Repeal all legislations of the NIF rule that have been imposed on women and the family.

(2) Participation of women with the necessary qualifications in all levels of national decision making via actual, non-symbolic full representation in all political, legislative and executive bodies, civil and Shari'a courts, as well as the regional and international administrative and diplomatic missions.

(D) Economic Rights:

(1) Women have the right to work on equal base with men in all areas or levels according to qualifications, unless restricted by ILO criteria.

(2) The re-establishment of women's right to enjoy membership
of civil and Shari'a courts as practiced before the NIF military coup.

(3) Equality in wages, increments, rewards, allowances, etc, and the right to promotion to the highest positions available based on qualifications, in addition to retirement benefits.

(4) Full paid maternity, vocation, and hours for breast feeding as in ILO agreements.

(5) The establishment of kindergartens nearby the workplace to facilitate the motherhood of working women.

(6) The recognition of women's maternity should pay a special attention to location and requirements of the workplace.

(7) Prohibition of child work.

(8) Training women farmers on mechanized agriculture with full recognition to their right to own land, acquire loans, and the other privileges.

(9) Training the housewives of the villages and marginalized areas in Southern Sudan, Nuba Mountains, and Eastern Sudan on manual craftsmanship to raise the living standards of their families and to help them organize housewives' cooperatives.

(E) Social Rights:

(1) Free obligatory education for both sexes.

(2) Illiteracy eradication campaigns for women and men, accompanied with systematic activities to raise the awareness against harmful habits by emphasizing the women's role
in society. The campaign shall include training on elementary medical aid and home nursing medical care. To reduce the costs of campaigns, teachers' unions, the Sudanese Women's Union and all of the other women's organizations, and the youth and student groups shall be obligated to provide training and voluntary work. Unesco and the other regional and international education agencies will be asked to provide necessary equipment. The illiteracy eradication campaigns must start now in the liberated areas in the South and the East, etc. The campaigns shall be enforced in the North with the next transitional rule.

(3) Provision for the required number of girls' schools equally with those of boys' schools in all levels of education.

(4) Immediate full eradication of juvenile delinquency through the establishment of foster families and the encouragement of child education under supervision of specialists to bring about juveniles to normality while observing and developing their talents.

(5) The resettlement of victims of war in the South and Nuba Mountains, as well as citizens returning from refugee camps through the provision of means of living, education, work, and housing.

(6) The supply of drinking water, especially in villages and marginalized areas.

(7) The establishment of programs in schools and mass media to educate the public about protection of the environment.


(F) Political Rights:

(1) The right to vote and election shall be guaranteed on equal base for both women and men.

(2) The right to representation in all decision making processes and agencies, including the council of head of state, council
of ministers, parliament, provincial, metropolitan and other administrative councils or committees, according to thier qualifications.

(3) Women's representation in tribal committees and courts.

(4) Establishment of a special ministry for women to pursue the insurance of women's rights and women's representation in all activities, and to promote the women's advancement in the social life. The minister shall be a female elected by the women's electorate rather than party selection to assure her full commitment to women's interests, not the policies and programs of her own party.

(G) The Media and Women:

(1) Women's participation in all media activities according to qualifications.

(2) Supervision of a highly qualified women's committee over media programs on the women.

(3) Legislation of an ordinance prohibiting sex movies and pornography that focus on women as a sex object for commercials, beauty parties, and cheap shows.

(4) Orientation of women's programs to raise the women's awareness about women's rights and their role in society. Recreation programs must confirm the respect for women and their mental and moral abilities.

(5) Allocation of special programs for peace, the struggle against tribal feuds, and the orientation of people towards Sudanese nationalism instead of tribalism.

(H) Private Law:

The private law is heavily drawn upon religions, as well as Sudanese values and traditions. The women's rights are primarily important as they touch upon the whole society.

(1) Repeal of the law enacted and enforced by NIF government on the family.

(2) Prohibition of child betrothal and marriage.

(3) The right to choose a spouse and the right to consultation in marriage affairs. Any marriage contract is null and void by court decision unless it is based on girl's consent.

(4) Once specified by the groom in a marriage contract, or if the groom is harmed by the husband or if she is not willing to continue the marriage relationship for convincing reasons, the right to divorce must be granted, in accordance with Islamic Shari'a law.

(5) Restriction of polygamous marriages.

(6) The mother's right to a daughter's custody is until her marriage and her right to a son's custody is until his puberty.

(7) Father's obligation to the maintenance of children after divorce.

(8) Restriction of divorce by judge's decision.

(9) It is known that polygamy is prohibited in Christianity, but it is practiced by Sudanese Christians. The reason is that polygamy is an economic institution and the women perform most
production of the agricultural sector. After harvest, the husband takes all the income to get married with other women. The more wives the husband has, the more that his wealth, sons, and social esteem increase. Polygamy is also exercised among the Southern tribes that do not believe in Christianity or Islam. These issues are to be dealt with by our Christian sisters.

(I) Women's Representation in the NDA:

We strongly criticize all NDA forces for their negative attitude towards representation of women in the NDA. This means that Sudan political parties underplay the issues of women's participation as if they have no relation with the ongoing struggles for democracy, social justice, and human rights.

In addition, this attitude shows the real objective of political parties as they only allow women's representation to vote for male candidates in elections. This general attitude by NDA forces arouses our fears regarding the implementation of democracy, social justice, and human rights. It is not a guarantee that there are charters signed by NDA forces on these issues. If
the NDA forces violate the Charter by excluding the women from representation, what guarantees do we have, as women, to assure the women's rights when NDA leaders become new rulers of the Sudan?! What guarantees the application of NDA agreement?! More fear is increasingly growing as all NDA forces continue to treat women unfairly.

The NDA suggested that "a general women's forum" be established to select women's representation. This way the NDA made it almost impossible to ensure women's representation. Moreover, some NDA forces withdrew women's representatives from the Sudanese Women's Forum which had been established in Cairo by representatives of NDA parties and the Cairo Branch of the Sudanese Women's Union. Other women representing some NDA parties insisted on making a women's forum as the NDA suggested. They created a forum in the presence of men representing the NDA parties. This regrettably reflected a degrading outlook at the women because they were considered minors in need of guardianship even when they were organizing their own affairs.

We reject all these humiliating practiced that negate the women's competence and organizational abilities. Instead, we suggest that:

(*) Every party commits itself to include an unrestricted number of women in the party delegates to all NDA organs and branches, starting with the NDA Leadership Council.

(*) The Sudanese Women's Union must be permanently represented in all NDA organs and branches, including the NDALC. This will mean a natural restoration of SWU's membership in the NDA as it has been deliberately curtailed by a male-conspiracy to exclude SWU from involvement in the final arrangements of the NDA Charter in 1989.

Finally, should another women's organization claim representation in the NDA, it has to provide evidence to support struggles of the organization and that it did raise the issue of women's representation in the NDA inside or outside the country.

Thank you,

The Committee Against Violation of Students and Women's Rights London, United Kingdom

November 7th, 1998