Human Rights of Women
Though the nationality act has given women some rights and restricted those based on marriage/there is a need to be undertaken to guarantee the full equality between citizens in all their rights. The nationality law provisions of equality are but only one dimension about equal citizenship. Other laws of direct citizenship rights are those marriage commencement, dissolution, right of property gained after marriage, custody, alimony as indicated in the family law. Other changes in economic laws need to be done. Positive discrimination laws such as quotes are needed to end the historic gender gap in education, employment, in business sphere, in political participation and in leadership/decision making positions.
As we indicated in section one of the essences of citizenship is applying equality in rights, in distribution of resources, power, prestige and values. The gender based disparity are reflected where we compare the Sudanese male and female citizens.
It is evident that there is certain legal based discrimination mainly in family law not based on any clear Islamic reference in Quran. These could easily be changed through equal rights principles to be ap[plied such as women's rights to dissolve marriage, custody, alimony and marriage property distribution in case of marriage dissolution.
Further other practices based on a cultural grounds that created a mindset that devalue women's capacities need to be changed through positive action/by law, to close the gender gap in political participation, in employment, leadership, positions, higher or basic education, property, economic or social welfare rights so as to achieve equal citizenship rights and freedoms.
In spite of the fact that the Interim National Consultation of 2005 has contained many positive provisions pertinent to women and the Bill of Rights, nevertheless the existence of many laws that contradict the constitution and violate the rights of women in text and practice, the fact that reiterate the question on the importance of the political commitment to women issues as a guarantor for the implementation of the constitution provisions.
The Sudanese experience also shows that constitutions and laws as frameworks cannot lead to changing women situations unless national sensitive policies vis-à-vis gender issues will be availed and importantly to the linked with mechanisms, efficient and effective national institutions for follow up, implementation and monitoring that ultimately lead to radical changes in the prevalent masculinity culture that propagandize for women subordination and inferiority in media and in educational system which must be changed and altered to inculcate the culture and concepts of equality and equity balanced evaluation for men and women.
Recommendations
1. To widen the margin of freedom and fundamental rights in constitutions, especially non-discriminatory principles.
2. It is imperative to referring to rights of women or mechanisms to achieve gender equality.
3. To clearly indicate in the constitution to women equal representation in the executive, legislative and judicial powers as well as in general establishment.
4. The constitution must provide for equal opportunities for men and women in employment, appointment even in highly leading positions and training in the civil service. Moreover, the constitution should state clearly in its provision a quota to be not less than 33 percent in these positions for women in order to gradually fill the gender gap.
5. Rights of women and men in obtaining equal opportunities in political, social, economic and cultural fields.
6. To stipulate in the constitution the protection of women against violence including domestic violence and in public life.
7. To prohibit discrimination in all its forms on the basis of gender, color, ethnic, or creeds, social, dress, health status, marital status or pregnancy.
8. Equal rights in concluding marriage and dissolving it and in child custody and the right of mothers to pass/transfer their nationality to their children and husbands. And the rights of children and husbands in the pensions of their mothers and wives.
9. Constitutional rights of women and men in obtaining basic services in education, health, housing, food, safe water and social security the latter with a specific preference for nursing mothers and pregnant women.
10. To attach great importance to the process of appointing judges and other employees in the judicial service and all commissions, to adhere firmly to apply principles of impartiality, transparency and gender equality by allocating a special quota for women to be no less than 33 percent to gradually fill the accumulated gender gap.
11. To refer to women and men separately without generalization in the constitution (Context)
12. Reference to equality and equity on the basis of gender.
13. Reference is to be made to the affirmative action for granting women preference rights with the view to achieve equality.
14. The constitution text must be free from the language of masculinity.
15. To refer to protection of women as general and vulnerable groups in particular.
16. To refer to protection of women rights, their freedom, dignity and to guarantee non-violation of these rights by prevalent laws.
17. The importance of amending existing laws that imply violence or discrimination against women.
18. To refer to international covenant/conventions pertinent to women and to voicing Sudan commitment to these conventions.
19. To designate a special chapter for women rights in the Bill of Rights or to introduce adequate clauses to focus on gender equality.
20. To establish a special commission for following up and to monitor closely discriminative practices against women and to preclude infringement of their rights.
21. To incorporate a new chapter for cultural, social, economic frights and to introduce clauses that protect women rights with respect to these fields.
Conclusion
In reference to the above information it becomes evident that women do not have equal rights in certain legislation. Further, where there are no legal restrictions, there are cultural based discriminatory practices and customary laws that led to unequal enjoyment of opportunities and resources distribution resulting in substantial gender gaps in areas of political participation, executive decision taking posts and economic participation.
Other areas where exact data is not available to prove gender based discrimination but greatly recognized in such spheres as ownership of assets (land, houses, animals, and monetary wealth) as well as non-material wealth such as prestige and leadership. Other restrictions, legal or social on freedoms of movement, dressing, residing, decision making, other roles: divisions, values of worth and behaviour expectations and judgments are more complex spheres whereby discrimination based on one's gender is prevalent.
Consequently, it will be difficult neither to define citizenship only in reference to nationality law nor to use them as interchangeable terms.
Citizenship is a broader concept that entails how far citizens of one country enjoy rights and freedom, value and worth or suffer from discrimination, subordination, lack of power, resources etc….
When data prove inequality, one can only think of citizenship meaning as a complex crucial term that needs to be measured through both quantitative qualitative indicators to identify how far citizens are equal and the factors or grounds that lead to such equality or inequality.
Only upon recognizing the extent of inequality and setting indicators and scale, then analyzing factors that led to inequality and its impact on the individual, community and state; thereupon, we become enabled to address these inequalities.
Furthermore, inequalities between women themselves as citizens are prevalent between rural and urban nomadic citizens in reference to education/literacy indicators as well as maternal mortality and economic participation.
With that in mind, we have to work out for massive transformation to achieve gender equality. Changes are needed in laws, in cultures that naturalize and essentize the subordination of women, patriarchal ideologies and mindset that applaud discrimination and naturalize what is culturally unsound. Women self-esteem, feeling of worth ad other capacity building programmes are needed so as individual and collective agency will be enhanced. It is only through that agency would transformation be achieved and hence equal citizenship based on gender dimensions realized.
This is the time for Sudanese women and many men allies to address issues of unequal citizenship. Gender based discrimination is but only one aspect while there are other grounds and false justifications for discrimination which our society should be ashamed of, apologize for and start the transformation for managing our diversities in a way to guarantee equality of citizenship. We need to build this new state of equal citizenship and acknowledge the holistic meaning of the term that enhances a genuine connection of existence, interest, sentiments together with the enjoyment of equality of rights, worth, freedom, resources and power distribution as well as equality of commitment to duties and promote belief of citizenship in their abilities to develop the country they belong to, be proud of and happy in living in it.