Criminal Act 1991 (Sudan)
The Criminal Act of 1991 in Sudan, enacted by the Revolutionary Command Council for National Salvation on 31 January 1991,[1] replaced the Penal Code of 1983. This legislation aimed to align Sudanese law more closely with Islamic principles, incorporating elements of Shari'a law. It includes provisions for hudud, qisas, and ta'zir offenses and punishments.[2]
Hudud offenses cover severe crimes such as theft, adultery, and apostasy, with fixed punishments. Qisas refers to retributive justice, often applied in cases of murder or bodily harm, allowing for equivalent retaliation or compensation Ta'zir offenses are less severe and their punishments are discretionary, determined by a judge based on the circumstances. One notable aspect of the Act is the criminalisation of apostasy (renouncing Islam), which is punishable by death under Section 126. This has been a point of significant controversy and criticism from human rights organisations.[2]
The Act also defines various terms and conditions under which certain actions are considered criminal, aiming to provide a comprehensive legal framework for criminal justice in Sudan.[3]
Effect on women rights
[edit]The Criminal Act of 1991 in Sudan, along with the Public Order Laws, has had a significant impact on women’s rights in the country. These laws were designed to enforce strict moral codes and public behaviour, often disproportionately targeting women. Public Order Laws governed various aspects of public behaviour, including dress codes, social interactions, and public gatherings. Women were frequently arrested for "indecent or immoral dress," which could include wearing trousers or not covering their hair.[4] The Public Order Police had extensive powers to enforce these laws, leading to widespread harassment and public humiliation of women.[5]
Articles within this act, such as Article 152, criminalised acts deemed indecent or immoral, with punishments including flogging and fines.[4] This law was often used to control women’s behaviour and restrict their freedoms. The enforcement of these laws restricted women’s participation in public life, including their ability to work and engage in social activities. This had broader implications for their economic independence and social status.[6]
Criticism
[edit]The Act has been criticised for including harsh punishments such as amputation, flogging, and the death penalty for certain crimes. These punishments have raised serious human rights concerns, particularly regarding their alignment with international human rights standards.[7]
Amendment
[edit]In recent years, there have been significant amendments to the Act. For example, in 2020, the Transitional Government of Sudan made several changes, including the elimination of the death penalty for apostasy and the removal of flogging as a punishment for certain offences.[7] The Public Order Laws were repelled in 2019.[6]
Further reading
[edit]- "The Criminal Act 1991" (PDF). Human Right Watch.
See also
[edit]References
[edit]- ^ "Criminal Code of 1991 - National Practice". International Committee of the Red Cross. Retrieved 2024-07-29.
- ^ a b Chisholm, Anna (2014-08-28). "The Criminalisation of Apostasy in Sudan". Human Security Centre. Retrieved 2024-07-29.
- ^ "Sudan: The Criminal Act 1991". Arab Law Quarterly. 9 (1): 32–80. 1994. doi:10.2307/3381514. ISSN 0268-0556.
- ^ a b "Sudan: Abolish the flogging of women". Amnesty International. Retrieved 2024-08-25.
- ^ Knight, Tessa; Alsedeg, Lujain (2023). Role of Women (Report). Atlantic Council. pp. 7–9.
- ^ a b "Sudan repeals public order laws unlocking women's freedoms to association and expression". Amnesty International. 2019-11-29. Retrieved 2024-08-25.
- ^ a b "SCLO News - The Astounding Amendments to the Sudanese Criminal Act 1991". www.sclo-sd.com. Retrieved 2024-07-29.