VZCZCXRO4777
OO RUEHGI RUEHMA RUEHROV
DE RUEHKH #1518 2880455
ZNR UUUUU ZZH
O 140455Z OCT 08
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2064
INFO RUCNFUR/DARFUR COLLECTIVE
RUCNIAD/IGAD COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS KHARTOUM 001518 
 
DEPT FOR A/S FRAZER, SE WILLIAMSON, AF/SPG 
NSC FOR PITTMAN AND HUDSON 
ADDIS ABABA FOR USAU 
DEPT PLS PASS USAID FOR AFR/SUDAN 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ASEC PGOV PREL KPKO SOCI AU UNSC SU
SUBJECT: DETENTION OF YOUNG WOMEN IN JUBA FOR WEARING TROUSERS 
 
¶1. SUMMARY: On October 5, 2008 28 women were arrested and detained 
by Southern Sudan Police Services (SSPS) officers for wearing short 
skirts or trousers.  The arrests were made under the authority of a 
Public Order issued by the Juba County Commissioner Albert Pitia 
Redantore on October 2, 2008.  It has since been rescinded by 
President Salva Kiir, who sacked the Juba Country Commissioner on 
October 9. END SUMMARY. 
 
¶2. On October 5 police in Juba arbitrarily arrested and detained at 
least 28 women, including 11 girls aged 13 to 17 years, for wearing 
trousers or short skirts. No information was received on men or boys 
being arrested by police, underscoring the gender discriminatory 
nature of the police action. Reportedly, a female international 
journalist investigating the incidents was also temporarily held by 
authorities for about two hours. 
 
¶3. The New Sudan Penal Code 2003 does not contain a criminal norm 
prohibiting indecent dress. Instead, the police based its action on 
an order issued by the Juba County Commissioner on 2 October 
(without legal authority according to UNMIS Human Rights preliminary 
analysis). Order 4/2008 criminalizes - quote - "all bad behaviors, 
activities and imported illicit cultures." 
 
¶4. On 7 October, Southern Sudan President Salva Kiir ordered the 
immediate release of any women remaining in custody and ordered an 
investigation into the incident. The Southern Sudan Minister for 
Gender, Social Welfare and Public Affairs and the Southern Sudan 
Ministry of Presidential Affairs publicly condemned the arrests.  On 
October 9 Kiir issued Decree 124 relieving Albert Pitia Redantore 
from his office as Commissioner of Juba County after ordering an 
investigation into the incident, and specifically into how the local 
county order had come to be issued. 
 
¶5. Cases of police arresting, intimidating or harassing women and 
girls for clothing considered to be indecent by the authorities 
(usually jeans, trousers or short skirts) have been repeatedly 
documented by UNMIS Human Rights. Similar incidents occurred in 
Malakal in October 2007, in Yei County (Central Equatoria) in June 
and July 2008 and in Juba in late June 2008. Arrests for indecent 
clothing have also been reported in Khartoum, where authorities base 
such arrests on the Criminal Act 1991. 
 
¶6. Comment: Article 152 of the Criminal Act 1991 prohibits "indecent 
or immoral dress, which causes annoyance to public feelings." 
However, the Southern Sudanese authorities have decided that the 
Criminal Act of 1991, which claims to be sharia-based, does not 
apply in Southern Sudan. It is superseded by the New Sudan Penal 
Code 2003, which does not contain a prohibition of indecent dress. 
The GOSS determined that the arrests, therefore, lack a valid legal 
basis and must be considered arbitrary and unlawful. Their 
arbitrariness is enhanced by their gender discriminatory nature 
given that only women were targeted. That President Kiir acted so 
swiftly to release the detainees and sack the commissioner 
responsible for issuing the edict speaks well of his leadership and 
commitment to human rights. 
 
ASQUINO