When this happens, a person may be arrested, beaten, or humiliated because of the way they are dressed, even though the law has not clearly established that such clothing constitutes a criminal offence.
This is a serious issue emerging in Rwanda today concerning what is described as “indecent dressing.”
In recent days, videos have circulated on social media showing police officers detaining a young woman in an unprofessional manner because she was wearing a short skirt.
The Rwanda Police later announced that the officers seen in the videos had been arrested and that the young woman had been released.
The Police also stated that all police officers had been given strict instructions to prevent such incidents from happening again.
On the one hand, this is a step that should be welcomed. However, there is a serious question that must be asked:
How can a person be arrested because of their clothing when the law does not clearly define which type of clothing constitutes a criminal offence?
Article 143 of Rwanda’s Law Does Not Mention “Mini-Skirts”
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That article provides that a person who commits an indecent act in public commits an offence and provides for a prison sentence ranging from six months to two years.
But here is the important question:
Article 143 does not establish a list of prohibited clothing.
Nowhere does it say:
“A woman wearing a mini-skirt has committed a criminal offence.”
Nor does it say:
“A woman wearing a dress that exposes her legs has committed a criminal offence.”
There is also no specific measurement in centimeters defining how short a skirt may be.
This is extremely important because, under criminal law, a person should not be punished for conduct that has not been clearly defined as a criminal offence by law.
This is an issue that the government should address.
How Short Is “Too Short”?
How short does a skirt have to be before it becomes an offence?
Is it 10 centimeters above the knees?
20 centimeters?
30 centimeters?
Is transparent clothing a criminal offence?
Is a dress with a slit reaching the thigh a criminal offence?
Is wearing very tight trousers also a criminal offence?
And if the answers to these questions are not based on measurements clearly established in law, who has the authority to decide what is acceptable or unacceptable when it comes to a woman’s body?
This is precisely what raises serious concerns.
Research conducted on clothing practices among Rwandans has also shown that there are no specific regulations establishing how Rwandans must dress.
The purpose of that research was primarily to examine people’s perceptions of appropriate and inappropriate clothing, rather than to establish a national “dress code.”
The Constitution Must Protect Human Dignity and Freedom
The Constitution of the Republic of Rwanda is the supreme law of the country.
It protects human dignity, equality, human rights and fundamental freedoms.
Most importantly, state authorities, including the Police, must operate within the limits of the law.
The Police have a responsibility to protect citizens, prevent and combat crime, and enforce the law.
The Police do not have the authority to create a new criminal offence in place of Parliament.
If the government wants certain types of clothing to be prohibited, the proper approach is to enact a clear law through the legally established process.
Citizens should know exactly what the law prohibits and why it prohibits it.
It should not be left to a police officer on the street to decide whether a person's clothing is “proper” or “indecent.”
A Woman Is Not a Body to Be Controlled by the Police
There is another issue that goes beyond clothing.
When a woman is grabbed, dragged, or forced to the ground because of what she is wearing, the issue is no longer simply about clothing.
It becomes an issue of human dignity, personal freedom, and the exercise of state power.
A person may disagree with the way a particular woman dresses.
A parent may believe that their daughter is dressed inappropriately.
A cultural leader may encourage young people to respect cultural values.
All of these things are possible.
But disagreeing with someone's clothing is not permission to beat, humiliate, or forcibly mistreat that person.
This is where the Police must exercise greater caution than anyone else, because they possess the legal authority to use force.
Culture and Law Are Not the Same Thing
No one denies that Rwanda has its own culture and values.
However, culture should not be transformed into a criminal law without following the procedures established by the Constitution.
If Rwandans believe that certain types of clothing are inappropriate, that is a matter that can be addressed through dialogue, education and cultural guidance.
But once a person is arrested, the issue has entered the realm of criminal law.
And criminal laws must be clear.
The Government Should Remember That Its Power Has Limits
A strong country is not a country that can arrest large numbers of people.
A strong country is one where the power of the state itself is limited by the law.
The Police should focus on combating violence, theft, murder, drug trafficking and other crimes.
But when a police officer begins using force—or even a baton, as was reportedly heard in the statements of a police officer in the social-media videos—simply because the officer disapproves of how someone is dressed, citizens have every reason to ask:
Where does the authority of the Police end?
And this issue does not concern women alone.
Today it may be a young woman's skirt.
Tomorrow it could be a man's beard, hairstyle, tattoo, shoes, or another form of clothing that a particular official dislikes.
When the law is replaced by the personal opinions of those who hold power, no citizen can feel adequately protected by the rule of law.
The Government of Rwanda Should Clearly Explain:
- What type of clothing is considered a criminal offence?
- Which specific provision of the law prohibits it?
- What objective standards or measurements are used to determine what constitutes “indecent clothing”?
- What rights does a person have when they are detained?
- What measures are taken against a police officer who uses unnecessary force?
Until these questions are clearly answered, arbitrarily detaining people because of their clothing risks creating fear, discrimination, and abuse of state power.
Conclusion
I conclude my article by saying:
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But protecting culture should not mean replacing the law with the personal opinions of individuals.
And respecting national values should not require violating human rights.
A woman may wear clothing that some people do not like. That, in itself, should not give a police officer the authority to beat her or humiliate her.
If there are indeed certain types of clothing that the government wants to classify as criminal offences, then it should enact a clear law, explain it to the citizens, and enforce it in accordance with the Constitution.
Because in a country governed by the rule of law:
A police officer does not decide what the law says.
The law decides what the Police must do.
Written by Alphonse Safari
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