Refleksi: Melihat perkembangan  politik sosial yang berlangsung di NKRI maka 
agaknya tidak keliru bila diajukkan pertanyaan: "apakah wanita NKRI tidak akan 
dilarang memakai celana?"


http://weekly.ahram.org.eg/2009/959/re3.htm

6 - 12 August 2009
Issue No. 959
Published in Cairo by AL-AHRAM established in 1875

A tailored crime
The issue is broader than Lubna's apparel, says Asmaa El-Husseini 

--------------------------------------------------------------------------------
       Click to view caption 
      Sudanese journalist Lubna Ahmed Hussein, who faces 40 lashes for wearing 
trousers, flashes the V-sign amid a crowd of supporters gathering outside the 
court in Khartoum upon her arrival for a hearing on Tuseday 
--------------------------------------------------------------------------
     
Lubna Ahmed Hussein was arrested along with others by the chief of police for 
wearing pants in public, violating the indecency acts of Sudanese law. Under 
Article 182 of the criminal law in Sudan, Lubna is facing the maximum 
punishment for her crime -- 40 lashes.

With all of Sudan's other problems, one may wonder why Lubna's case has gained 
such importance. Take, for example, the referendum that will be held in the 
South in less than 20 months, or the continuation of the Darfur crisis with no 
solution in sight, or the International Criminal Court's demand for the arrest 
of Sudanese President Omar Al-Bashir, and on top of all that, the recent 
conflict over the International Court of Arbitration's decision for Abyei's new 
borders. Not to mention the opposition's mounting attacks on the legitimacy of 
the current Sudanese government after the election date came and went without 
new elections being held. A leader of the SPLM belittled a National Congress 
Party (NCP) member during a speech he was making before the US Congress, 
demanding the US not lift sanctions on Sudan or that relations be normalised 
between the two countries. 

Despite these pressing problems in Sudan, all eyes are on Lubna Hussein. She 
has attracted a lot of publicity to her case and has attracted a great deal of 
sympathy within Sudan and internationally. The issue has gone far beyond simply 
a woman wearing pants in public. Lubna sees it as a good opportunity to 
campaign against laws that she considers degrading to the dignity of Sudanese 
women. She has resigned from her position at the United Nations so that she 
will not be privy to special treatment under the law as a UN employee, but will 
be tried as an ordinary citizen of Sudan.

The case is not about Lubna being acquitted under the law, for this is not her 
goal. She rejected a settlement proposed by the journalists' syndicate that she 
be acquitted in return for a promise to leave Sudan permanently. Lubna also 
said she would reject a presidential pardon unless he agreed to annul laws 
harmful to women. She says: "If I had just wanted my own acquittal, I could 
have claimed legal immunity from the United Nations or simply bribed the right 
people." Rather, Lubna sees the issue of her arrest as an opportunity to 
campaign for the rights of women and to improve the situation of Sudanese women 
now and in the future. Thousands of women and girls in Sudan have been lashed 
by the police cruelly and unjustly, but without getting the same press 
attention.

The goal of the groups that have rallied behind Lubna Hussein is to annul 
articles of law that are offensive to women. The Sudanese opposition and other 
activists found it difficult to oppose the government, or more accurately, the 
NCP, which is headed by President Al-Bashir. The opposition jumped at the 
chance to use the case of Lubna Hussein to attack the government's legitimacy. 
Different parties, organisations and women's rights groups organised a silent 
strike of women beginning on Tuesday morning before the court case started.

The Sudanese opposition parties are focussing their anger on the type of 
Islamic law Al-Bashir imposed in 1989 when he overthrew a 
democratically-elected government. The opposition condemns the regime's active 
practice of oppressing women and shackling their liberty. The law stipulates 
heavy punishment for what the government considers indecency of women's dress, 
either 40 lashes or an unlimited fine. The law is implemented only at random 
and there is no such law for men. Women in Sudan are also the only ones 
punished by hanging for committing adultery and fornication. The opposition 
says that Sudan's streets were more committed to true values before the 
onslaught of the regime's oppressive practices.

Others went further than that, and made connections between Lubna's case and 
the question of Sudanese unity. For if Sharia law is only being carried out in 
the North this threatens the survival of Sudan as a unified whole. Sharia law 
is a turnoff to the South, and the opposition is demanding that Sharia law be 
cancelled in favour of civil law. Sharia law, the opposition claims, is 
prejudicial to women and the indecency clauses are an obstacle to the desired 
democratic transition in the country.

In response, the NCP says that the case has been taken out of context, that 
Lubna is trying to smear Sudan's image before the international community and 
to make it seem as though Sudan is living in the Stone Age. Conditions in Sudan 
are not at all as Lubna describes them according to the NCP, and Sudan does not 
lash women.

Others say that Lubna's case is symbolic of conditions in Sudan in general, but 
they believe that the political situation in Sudan has changed. When the new 
regime took over in 1989, it was a totalitarian government, whereas now there 
is a government of national unity. There have been some police abuses in the 
application of the laws concerning women, but in general, the condition of 
women in Sudan has greatly improved. Women in Sudan now are freer to 
participate in public life, enjoy greater access to employment and education. 
And according to them, women have historically played an important role in the 
Sudanese national movement.

The force of Lubna's case has reverberated across the Arab region, where 
individuals have been advocating women's rights and fighting against Islamic 
groups which they consider a danger to the present and future of the Arabs. 
They are calling for curbing the role of religion in Arab societies, to make 
society more observant of human rights and modern developments. Other groups 
think that the international community is simply against Al-Bashir and is using 
this opportunity as an excuse to smear his name and to bring the issue to 
international courts.

Many think that a ruling on Lubna will not close the case, but will only bring 
similar issues to the forefront of Sudanese politics.

<<_re03.jpg>>

Kirim email ke