UPR Sexual Rights Database

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.

National Report:
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 48) On prevention and protection of survivors of SGBV, the Government has established 17 Special Protection Units (SPUs), six (6) in Juba police stations and One Stop Centers in Juba, Central Equatoria State, with integrated functional services, such as hospitals to provide medical, psychological and legal support, to enable GBV survivors access Justice. Standard Operating Procedures for Prevention, Protection and response to SGBV was also established in 2014 and road map developed to end child marriage in South Sudan between the year 2017–2030. These programmes have contributed positively to the protection of women.
Para 49) On arbitrary arrest and detention, the Government in 2017 established an emergency court for organized forces to prosecuted personnel from the National Security Service, the South Sudan Peoples’ Defence Forces, South Sudan National Police Service and the National Prisons Service, for violation of human rights.
Para 50) On implementation of National Action Plan signed by the Government and the United Nations in 2016, a Taskforce composed of membership from relevant ministries (Ministries of Health, Interior, Justice, Gender, Defence, members of Parliament, regional and international stakeholders and civil society organizations) developed an implementation plan to operationalize the signed Communiqué aiming at ending all forms of conflict related sexual violence in the country. Several training workshops were conducted with massive dissemination of information and command directives were made to all units of the organized forces regarding CRSV prevention.
Para 51) On services to victims of SGBV, the Government with support from development partners, established 12 One Stop Centers in all ten (10) States, to provide protection, medical, psychosocial, legal services and shelters. Currently the Government has so far established two shelters (Safe Homes) for protection of survivors of SGBV and developed Standard Operating Procedures (SOP).
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.
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.
Para 64) Also, the Government at the State level, established a SGBV forums which include referral pathway, case management related to interventions and other survivors’ services. As of year 2020, the Government with support from development partners, established a radio talk shows and community awareness raising with aim of averting violence against women and children. The radio talk shows covered issues of gender-based violence (SGBV).
Para 76) On public awareness efforts to end human rights violations by the army and other organized forces, the Government supported by UNMISS – Human Rights Division, trained South Sudan Peoples’ Defence Force (SSPDF), National Security Service and other organized forces, on the principles of International Human Rights Law, International Humanitarian Law and other domestic laws. The training also covered issues of sexual and gender-based violence (SGBV) and child protection techniques.
Para 84) On fighting gender-based violence situation in Central Equatoria, Western Equatoria, Eastern Equatoria, Upper Nile, Jonglei, Northern Behr El Ghazal, Western Behr El Ghazal, Warrap and Lakes States, the Government and development partners, in 2020 established gender desk in police stations and trained police personnel on sexual and gender-based violence, protection of children and women.
Para 86) The Government also with support from development partners, trained seventy-five female police personnel and seventy-five male police personnel on investigation of Sexual and Gender-Based Violence cases.
Para 112) The Government also issued a standing order to the military personnel that rape and other forms of sexual violence are serious national and international crimes and whoever commits rape or caused sexual violence will be investigated and prosecuted.

UN Compilation:
Para 26) The Commission [on Human Rights in South Sudan] stated that the violence across Jonglei State and the Greater Pibor Administrative Area in 2020 was the worst that had been recorded since the outbreak of the national conflict in December 2013, with waves of attacks and reprisals that had left hundreds of people dead, maimed or destitute. While men were targeted and killed during the attacks, hundreds of women and girls were abducted, forced into sexual slavery, tortured and repeatedly gang raped …
Para 29) The Commission on Human Rights in South Sudan concluded that the attacks on civilians perpetrated by both government forces and armed opposition groups violated article 3 of the Geneva Conventions and provisions of Additional Protocol II, as well as customary international law, and constituted the war crimes of murder, pillage, unnecessary destruction of property and sexual violence.
Para 30) Gross human rights violations and abuses amounting to serious violations of international humanitarian law were also committed in the context of localized conflicts by armed militias affiliated with the South Sudan People’s Defence Forces and the Sudan People’s Liberation Movement-Army in Opposition. Violations perpetrated against civilians included abductions, forced recruitment, murder, sexual violence and ill-treatment.
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.
Para 46) The Commission on Human Rights in South Sudan stated that it had documented the abduction of hundreds of women and children by militias and civil defence groups during localized conflicts in Jonglei and the Greater Pibor Administrative Area between May and September 2020. The women and girls abducted had been forced into sexual slavery or forced marriage.
Para 60) The Commission on Human Rights in South Sudan reported that sexual violence, including rape, gang rape, abduction, sexual slavery, sexual mutilation and sexual torture had been consistent features of the conflict in South Sudan since 2013, and were being replicated in local level conflict. Armed clashes locally had resulted in mass displacement of the civilian population, in particular women and girls.
Para 61) The Commission [on Human Rights in South Sudan] was concerned that the practice of commodifying women as the spoils of conflict had been perpetuated at the local level, as government forces and aligned militias, the forces of the Sudan People’s Liberation Movement-Army in Opposition and other armed groups were given the licence (as a form of “compensation”) to loot and pillage, abduct, rape and force women into sexual slavery and forced marriage. Conflict-related sexual violence in South Sudan was thus rooted in the structural violence of conflict and the local political economy.
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.
Para 69) The United Nations verified a total of 708 violations, affecting 618 children, for the period from 1 July 2018 to 30 June 2020. 113 Recruitment and use remained the most prevalent violation, followed by killing and maiming, abduction, and rape and other forms of sexual violence.

Stakeholder Summary:
Para 15) GIJC … stated that between April and May 2018, … An estimated 132 girls were abducted, while about 120 women and girls were raped. As of September 2018, the campaign of disarmament against other non-state actors such as the National Salvation Front had entailed unlawful killings and human rights violations, exacting a toll mostly on civilians, especially women, children, and older persons.
Para 16) … Armed cattle keepers had also reportedly killed, raped, tortured, and displaced dozens of people from their farmlands as well as destroyed or looted property.
Para 49) GICJ noted that women and girls had been raped, gang raped and faced other forms of sexual violence at the hands of both Government and opposition forces. JS8 reported that thousands of women, men and children had been victims of rape, sexual torture and other forms of sexual violence.
Para 50) JS7 reported that progress in addressing sexual and gender based violence (SGBV) included a gender based violence court, a family protection centre, and two safe homes, as well as a helpline and 16 Special Protection Units within the police service. However, these institutions were dependent on international funding, the protection of survivors was minimal, and full operationalization of the Units was challenged by mismanagement. An Anti-Gender Based Violence Bill was awaiting endorsement by the Council of Ministers, while a National Action Plan 2015-2025 on UN Security Council Resolution 1325 was under review. Cases of SGBV were rising, and those of domestic violence reportedly spiked following COVID-19 related lockdowns. JS6 remained concerned that sexual and physical abuse against women continued to be a serious problem and limited data was available.
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.