UPR Sexual Rights Database

National Report:
Para 52) On access to justice for women, the Government with support from development partners, trained judges, prosecutors, defence lawyers, police female investigators, probation officers and social workers, to deal with SGBV issues. Currently, two social workers are assigned to assist survivors of SGBV on procedures, counselling and guidance. Legal Aid services has been provided on support by development partners and local NGOs, on recommendation by a committee. Since the last UPR review the number of Legal Aid beneficiaries have reached 181 out of which 33 are rape cases.

UN Compilation:
Para 39) The Commission on Human Rights in South Sudan and the United Nations country team reported that inadequate infrastructure, resources and capacity diminished State abilities to provide civilians with access to justice. Customary courts were not mandated to hear serious criminal cases and were ill-suited to providing justice to women and victims of sexual violence given gender biases and the lack of procedural safeguards. UNHCR expressed similar concerns.

National Report:
Para 26) To implement the Council of Ministers directives, the Minister of Justice and Constitutional Affairs, in March, 2021 established a Taskforce within the Ministry of Justice to coordinate and oversee implementation of the R-ARCSS provisions. The Minister of Justice and Constitutional Affairs also in May, 2021, established a Technical Committee in accordance with provisions of Article 5.2.1.3 of the R-ARCSS, consisting of experts from the civil society organizations, women organizations, religious leaders, youth and some officials from relevant Government institutions. The Chairperson is an expert from religious institution and deputized by a female, from civil society organization. The Committee is to conduct a nation-wide consultation with youth, women, civil organizations, victims of the conflicts. The outcome of the consultations would be the basis for the enactment of legislation, for the establishment of the CTRH in accordance with provisions of Article 55.1.1 of the R-ARCSS.
Para 32) To overcome impunity through accountability, the Government in 2019, under its obligations in Chapter II of the R-ARCSS, introduced some institutional reforms in the security sector by setting up investigation committees which resulted in the prosecution of some individuals for violation of human rights, including gender-based violence against civilians, especially women and children.
Para 37) All stakeholders to the Judicial Reform Committee shall respect the 35% of women as mandated by the R-ARCSS in the selection of their respective representative’s representation. The Judicial Reforms Committee would be chaired and deputized by an imminent legal person, to be identified and recruited by the IGAD. As envisaged under the R-ARCSS, the Judicial Reform Committee will lay a firm foundation for peaceful and prosperous country, based on justice, respect for rule of law premised on an independent, effective and efficient judiciary. The Government and IGAD has developed and signed the Terms of Reference pursuant to Article 1.17 and 1.17.5 of the R-ARCSS.
Para 46) To improve the existing mechanisms for reporting cases of sexual and gender-based violence against and to ensure access to justice for victims and survivors of the gender-based violence, the Government with support from the development partners, in 2019, established within the Judiciary a Juvenile and Gender Based Violence Court. The court is based in Juba in Central Equatoria State, with mobile units in Malakal in Upper Nile State, Yambio in Western Equatoria State and Torit in the Eastern Equatoria State. The Court has so far in 2020 to 2021 tried and sentenced 369 cases, out of which, 82 are cases of violence against juvenile and gender-based violence.
Para 47) In upholding its commitment to implement the recommendation on combating impunity, the Juvenile and Gender -based Violence Court, in 2021, tried and sentenced 60 cases, out of which, 19 cases are relating to violence against women and children. It is evidenced that with the ongoing prosecutions and public awareness programme, there have been some behavourial changes in relation to SGBV issues.
Para 58) To ending impunity at the State level of the Government in 2019, a military court martial in Yei, prosecuted 36 cases of looting, murder and sexual violence, committed by military personnel against civilian. All were convicted and sentenced to various imprisonment terms and were all discharged from service.

UN Compilation:
Para 64) UNHCR reported that impunity regarding sexual and gender-based violence coupled with limited livelihood options had had a negative impact, particularly on women and girls, some of whom had been subjected to sexual exploitation and had to engage in survival sex.

Stakeholder Summary:
Para 52) JS8 noted that survivors of conflict-related sexual violence lived mostly in rural areas with limited access to healthcare, or witness and victim protection. Survivors suffered physical and psychological impacts, stigma, and economic losses. Despite some training of SSPDF forces on prosecuting sexual violence crimes, and several related convictions, only low-ranking officers had reportedly been tried, and survivors had not received compensation.