Hon. Aya Benjamin Warille, Minister of Gender, Child & Social Welfare (South Sudan) receives a copy of the Maputo Protocol Brief from Nina Masore, Programme Officer (Equality Now)
In response to the rising cases of sexual and gender-based violence, The Ministry of Gender, Child, and Social Welfare announced the appointment of a task force in Juba to accelerate the enactment of the Anti-Gender-Based Violence (Anti-GBV) Bill.
JUBA, South Sudan October 29, 2024 – Cases of gender-based violence (GBV) have risen to a record high in South Sudan, with UNMISS reporting 317 violent incidents from April and June 2024. This has affected at least 1,062 civilians, most of them women and girls. During this period, sexual and gender-based violence (SGBV) resulted in an alarming 442 deaths.
Cases of SGBV in 2024 represent a 43% increase in violent incidents and a 22% rise in victims, representing a significant deterioration in people’s safety. Preceding this, a nationwide GBV prevalence survey conducted in 2023 by the Sudd Institute found that South Sudan has the second highest rate in East Africa after Uganda.
A task force to accelerate the Anti-GBV Bill
In response to the rising cases of sexual and gender-based violence, at a high-level meeting in Juba on October 29, the Ministry of Gender, Child, and Social Welfare announced the need for a special task force to accelerate the enactment of the Anti-Gender-Based Violence (Anti-GBV) Bill.
“This is a significant step as it comes five years after the bill was first tabled in Parliament in 2019,” said Hon. Aya Benjamin Libo Warille, Minister of Gender, Child and Social Welfare, while addressing the consultative stakeholder forum in advancing the Anti-Gender Based Violence Bill. “It underscores the government’s renewed commitment to address the alarming rates of sexual and gender-based violence in the country”, she added.
The stakeholder forum, hosted by the Ministry of Gender, Child, and Social Welfare in partnership with the Christian Agency for Peace and Development and Equality Now, was attended by the Vice President (Gender and Youth Cluster), representatives from the Ministry of Youth and Sports, Ministry of Justice and Constitutional Affairs, Faith-Based Organizations, and several Members of Parliament.
Urgent need for legal reform in South Sudan
The bill and proposed Anti-GBV task force align with the Transitional Constitution of the Republic of South Sudan (2011, as amended), particularly Article 16 and Article 17, which enshrine the rights of women and children. They also reflect South Sudan’s commitment under the Revitalized Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS, 2018), which mandates the implementation of legal frameworks that protect vulnerable groups, including women and girls.
The commitment to appoint the Anti-GBV task force is a direct response to the opportunity presented by the recent extension of the transitional government on September 22, 2024, providing a critical window for advancing legislative reforms, particularly around SGBV.
“We welcome the move by the Ministry to appoint a task force to accelerate the enactment of the Anti-GBV Bill in our country as it will foster the implementation of the Africa Charter on the Rights and Welfare of the Child, the Maputo Protocol, Family Law, the Child Rights Act of 2008, and the domestication and implementation of treaties that South Sudan has ratified to ensure the protection of South Sudanese women and girls,” remarked Peter Malir, Executive Director at the Christian Agency for Peace and Development (CAPAD).
Establishing the Anti-GBV task force aligns with South Sudan’s Transitional Constitution (2011, as amended), specifically Articles 16 and 17, which affirm the rights of women and children to protection and equality.
This commitment is further reinforced by the Revitalized Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS, 2018), particularly Article 1.3.3, which emphasizes the protection and promotion of human rights, and Article 2.2.3, which mandates the establishment of legal frameworks to protect vulnerable groups, including women and girls. Together, these foundational commitments highlight the legal mandate to address gender-based violence as part of the country’s peace-building and governance reforms.
Scope and significance of the Anti-GBV Bill
“We welcome this move as the Anti-GBV Bill seeks to reform and consolidate South Sudan’s laws on gender-based violence”, remarked Nina Masore, a Programme Officer with Equality Now. “The Anti-GBV Bill encompasses domestic violence, sexual violence, harmful customary practices, child protection, and more. It aims to create structures such as the Anti-GBV Committee, the Anti-GBV Fund, specialized courts, and Family Protection Centres to ensure comprehensive support and protection for victims,” she said.
The Bill addresses harmful practices deeply embedded in customary law, such as child marriage, polygamy, and forced marriages, which have been major drivers of inequality and violence against women. Customary courts and traditional practices currently hold significant influence in these matters, often perpetuating discrimination and impunity.
The new task force will work to ensure the passage of the Bill into law, providing a framework that supports victims and holds perpetrators accountable. As South Sudan continues its journey through a transitional period marked by legislative gaps, the enactment of the Anti-GBV Bill will be a pivotal step in creating a more just and equitable society for all.
Renewed impetus for legal progression
In July 2023, South Sudan’s President Salva Kiir was celebrated for ratifying the Maputo Protocol (African Charter for Human and People’s Rights on the Rights of Women in Africa). The Protocol focuses on gender equality and non-discrimination, articulates women’s rights to dignity, and requires African countries to take steps to ensure the protection of women from all forms of violence.
Despite the interim and transitional Parliament of South Sudan enacting over 100 laws since 2015, none have specifically addressed SGBV. The Anti-GBV Bill and other critical laws such as the Family Law Bill have stalled since 2017, largely due to the absence of a functioning legislative body during key years.
A 2024 report by Equality Now cited legal pluralism as a matter of concern due to the lack of statutory law on matters of family. For example, while South Sudan’s Child Act grants equal rights of custody to children, custom and tradition place children with their fathers, unless they are of tender age.
The reconstitution of Parliament in May 2021, expanding from 332 to 550 members to meet the requirements of the R-ARCSS, has created a new opportunity for legislative progress.
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For media inquiries, please contact:
Michelle Tuva, Regional Communications Officer- Africa at Equality Now,
Email: mtuva@equalitynow.org
Paul Tiop, Christian Agency for Peace and Development (CAPAD)
Email: tiop.paul@christianagency.org
Beina Evaline, Young Women Christian Association (YWCA- South Sudan)
Email: Beina.Eveline@worldywca.org