Chol Michael Biar
Violence against women is not confined to dark alleys or wartime atrocities—it is happening in homes, villages, towns, and institutions across South Sudan. Reports suggest that more than six out of ten women and girls in the country have experienced physical or sexual violence in their lifetime, one of the highest rates in the world. From domestic abuse to forced marriages and conflict-related sexual violence, this crisis cuts across society. While laws exist on paper to protect women, the reality on the ground reveals that the law alone has not been enough to stop it.
South Sudan’s Transitional Constitution of 2011 guarantees equality between men and women and prohibits harmful cultural practices. The Penal Code Act of 2008 criminalizes rape, and the Child Act of 2008 prohibits marriage under the age of 18. On the international front, South Sudan has acceded to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and has taken steps towards ratifying the Maputo Protocol on women’s rights. The 2018 peace agreement also promised a Hybrid Court with jurisdiction over conflict-related sexual violence. These commitments look impressive. Yet for many women, justice remains distant.
Despite formal guarantees, violence against women continues almost unchecked. One reason is the gaps in the law itself. Domestic violence is not comprehensively addressed in South Sudanese law, leaving survivors to rely on general assault provisions. Even more troubling, marital rape is not recognized as a crime, sending the message that a woman loses her right to consent once married.
Weak institutions also undermine the law. Police and courts are under-funded and overstretched. In many areas, survivors of violence must walk for hours to report a case, only to be turned away for lack of paperwork or asked to reconcile with their abuser. Special Protection Units for gender-based violence exist in some towns, but they are too few and too poorly resourced to meet the need.
The lived realities of women and girls show just how deep the crisis runs. In Juba, a 17-year-old girl named Mary (name changed for her safety) was forced into marriage with a man more than twice her age after her family accepted cattle as dowry. When she ran away after being beaten repeatedly, her case was brought before a customary court. Instead of protecting her, the court ordered her return to her husband, citing tradition. Her story mirrors that of many girls across the country, where customs still outweigh constitutional protections.
Another tragic example comes from Bentiu, where a UN report documented that women fleeing conflict were ambushed by armed men who raped them as they collected firewood. Survivors told investigators they did not even bother reporting the cases to police, fearing both stigma and inaction. The perpetrators still walk free, underlining the lack of accountability for sexual violence during and after conflict.
Customary law poses another challenge. More than 80 percent of disputes are settled by customary courts, which are usually dominated by male elders. These courts often prioritize family compensation over the woman’s safety or justice. In some cases, girls are still handed over as “blood compensation” for crimes committed by male relatives, a practice that reduces them to property. In Lakes State, for example, there are recorded cases of families giving girls to rival clans as a way to end disputes, leaving them trapped in lives of abuse.
The years of conflict have worsened the crisis. Armed groups have used rape and abduction as weapons of war. Even after the peace deal, local clashes continue to produce new cases of conflict-related sexual violence. Prosecutions are rare, and survivors live with trauma and stigma. A woman in Yei County recalled how soldiers stormed her village, raped her, and left her with a child she now raises alone. She has never seen justice served, nor has she received medical or psychological support.
Saying the law is incapable of stopping violence is only half the truth. The problem is not that laws do not exist, but that they are not enforced, not harmonized with local customs, and not supported with the necessary institutions and services. Change requires a comprehensive Domestic Violence Act that includes protection orders and survivor-centred procedures. It also means repealing the marital-rape exemption and adopting a consent-based definition of rape.
Beyond legislation, police, prosecutors, and judges must be trained and resourced to handle gender-based crimes with sensitivity and professionalism. Chiefs, elders, and religious leaders should be engaged to end harmful practices and harmonize customary law with constitutional rights. The promised Hybrid Court for South Sudan should prosecute cases of conflict-related sexual violence. Shelters, psychosocial services, and economic support for survivors and girls at risk of early marriage must also be expanded.
South Sudan has the laws. What it needs now is the political will and social commitment to make them work. Ending violence against women requires not only statutes in the law books but also trained police officers, functioning courts, supportive communities, and empowered women who know their rights. The law can play a vital role—but only if it is backed by action.
If South Sudan is serious about building a peaceful and just society, then protecting women and girls from violence cannot remain an empty promise. It must become a national priority, lived out in homes, communities, and institutions across the country.
About the Author
Chol Mbiar is a final-year law student at Starford International University, specializing in International Humanitarian Law (IHL), International Human Rights Law (IHRL), and customary law. He has a keen interest in issues of justice, accountability, and the protection of human rights in both conflict and peacetime contexts. Chol has actively participated in legal research, moot court competitions, and writing projects that explore the intersection of international law and national legal systems.
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