Thank you, Mr. Chair and members of the committee. I'm grateful for the opportunity to speak before the subcommittee today.
Inter Pares is a social justice organization based here in Ottawa. My particular area of focus is on women's rights in Sudan, a country that is in the midst of an historical transition, having undergone a referendum that set the course for independence in the south. I work closely with women in north Sudan who live under a government that severely restrains their rights, including the right to equal participation, the right to equality under the law, the right to determine their own lives and futures, and the right to live lives that are free from violence and the threat of violence.
In the past weeks, Inter Pares' counterparts, our partners in northern Sudan, have been appealing to the international community to condemn the continued and recent use of sexual violence by security and public officials in efforts to contain pro-democracy and human rights demonstrators in Khartoum.
One especially courageous young woman, Safiya Eshaq, has spoken publicly about her rape, posting her testimony on YouTube and asking women to break the silence on the violence they are facing at the hands of government agents. She was picked up on the morning of February 13, 2011. Safiya was asked about her political affiliations and her participation in demonstrations before being brutally beaten and raped by three security officers. This was confirmed at a police station and by medical doctors.
To honour her courage in speaking publicly about her ordeal, hundreds of people in Sudan and around the world have joined with her to denounce the use of sexual violence by the National Congress Party agents, stating that we are all Safiya and the violence concerns us all.
We know the use of rape is not a new trend in Sudan. The use of sexual violence such as rape, harassment, and sexual assault in recent protests does not represent a new pattern of behaviour for the NCP. The International Criminal Court judged that there were reasonable grounds to believe Omar al-Bashir was criminally responsible for the use of rape against women in Darfur. Security and public officials, such as those who raped Safiya, are immune from judicial or criminal procedures unless the director of security forces consents to bring them to justice.
Efforts to secure civil and political rights for women, including the right to be safe from sexual harm, will be incomplete if laws and practices are not reformed. For instance, criminal law does not clearly distinguish between rape and adultery, resulting in women being re-victimized and even punished when they report rape or sexual harassment. Public order laws, which al-Bashir has repeatedly stated would be strongly enforced after the south declared independence, are used to punish conduct or dress that is deemed to be indecent by security forces or police. The punishment is 40 lashes, bail, or both.
Last month 44 human rights activists, including Zaynab Elsawi, who testified last fall before the Standing Committee on Foreign Affairs and International Development, were arrested for proposing reforms to criminal and public order laws. They were subsequently released.
Finally, the personal status act institutionalizes and reinforces discrimination and inequality for women and girls. For instance, it regulates the age of marriage, permitting the marriage of girls as young as 10 years old. It also regulates divorce and child support, setting conditions that put women and children at risk of being abandoned or forced to stay in violent situations. We cannot speak of the use of rape by the National Congress Party without also acknowledging the legal means by which women and girls are violated.
What can be done?
Civil society organizations and women's organizations are working to improve the public's understanding of how these laws attack basic freedoms, particularly those of women and girls, all the while denouncing incidents of rape and sexual harassment, but they have to be very cautious, as there are continued and increased threats to defenders of human rights and journalists in north Sudan following the referendum.
On March 8th, 2011, for instance, when 60 women gathered to celebrate the 100th anniversary of International Women's Day, 250 police and security officers were waiting, and over 40 of the women participating were arrested.
Protesters had been calling for an end to rape and human rights abuses. The women who were arrested that day have been released, but many young activists who have stood up for democracy in recent weeks and months remain in the hands of security forces. The international community should remember that any stability for Sudan must also aim to end violence against women and girls, and laws must change and full rights for women and girls must be secured.
The best people to do this are Sudanese men and women themselves. They have the ability to mobilize and to organize civic education, thereby ensuring broad social support for legal reforms and social reforms by the Sudanese population. Their work is risky, and they ask the international community to be supportive of their struggle and also vigilant in its dealings with the National Congress Party.
What can Canada do?
Members of the Sudan task force informed me recently that Canada has been expressing its concerns about human rights abuses directly to NCP officials, and for this we're very grateful. We would encourage Canada to continue to denounce crimes of sexual violence carried out by the military, by police, by security forces, and by armed groups that are sanctioned by the National Congress Party, and to send a clear message that Canada's collaboration with the government in the north hinges on its respect for human rights. This should also include a call to investigate recent cases of rape and sexual harassment against women protesters and to bring those responsible to justice.
Second, we hope that Canada will continue to stand behind the International Criminal Court's indictment against Omar al-Bashir. Peace in Sudan must come through accountability and reparation for women victims and survivors of violence. The ICC and other international mechanisms, such as the International Center for Transitional Justice, play an important role in combatting impunity, and the use of sexual violence will not end if heads of state are allowed to rule with impunity.
Finally, Inter Pares is grateful for the funds it receives from CIDA to support the work of women's groups in north Sudan, and we agree with the recommendation made by the Standing Committee on Foreign Affairs and International Development that Canada should set up mechanisms to enable direct access to financing for local civil society, including women's organizations in north and south Sudan, to help facilitate their access to funds that Canada is offering to Sudan.
I thank you for the opportunity to speak to you today.