A/HRC/40/CRP.1 gender norms and roles in South Sudanese society. Economic independence has led to many women heads of households challenging the usual gender roles in their families and in the broader society. The ongoing conflict in South Sudan has impacted on men through challenging the traditional norms of masculinity in a society in which men are traditionally charged with the responsibility to protect their family and community. Masculinity is also demonstrated by taking part in fighting and cattle raiding. Not unsurprisingly, men who cannot provide for their family as they did before the war, are unable to perceive their identity as providers denied.504 The inter-ethnic conflict has also led to the introduction of new practises especially in the rites of passage for boys to adulthood which challenge prevailing norms of masculinity. Young men are unable to marry as they have no secure income or wealth in the form of land or cattle, consequently turn towards criminal activities, violence or substance abuse, especially in the PoC sites.505 This challenge to masculinity has also manifested in anti-social behaviour and an increase in domestic violence and gang rapes. 506 It would be inaccurate to take the view that only men are resistant to women’s equality and the elimination of customary practices harmful to women, in many instances, women themselves have been reluctant to accept change. 507 Women should not be characterised as victims and men as perpetrators as women have agency and in some instances are themselves perpetrators and have also incited men to engage in inter-ethnic communal violence including cattle raiding.508 2. The Status of Women in the Public Sphere Historically, women in South Sudan have always participated in the peace process, including in the Revitalization process although not always in the most visible role and with a few exceptions not at the frontline of negotiations. 509 The participation of South Sudanese women in the public sphere has however improved with several legal provisions providing for equality and a minimum quota for women’s representation in public institutions.510 The Transitional Constitution also provided for a quota of 25 percent for the participation of women at all levels of government, which has been increased by the R-ARCSS to 35 percent of women in the Transitional Executive and the transitional justice institutions.511 504 Confidential Meeting, 4 October 2018; Focus Group Discussion, 5 October 2018; Witness 162, ERN D101242-D101244; O. Stern, “‘This is How Marriage Happens Sometimes’: Women and Marriage in South Sudan”, in F. Bubenzer, O. Stern (editors), Hope, Pain and Patience, The Lives of Women in South Sudan, Fanele, Jacana Media, 2011; UNDP, In search of a working system of justice for a new nation. The ascertainment of customary laws of the Toposa, Lokuto (Otuho), Lango and Lopit Communities of the Eastern Equatoria State of South Sudan, Serie 1, Volume 1, 2012; UNDP, The ascertainment of customary laws of the Balanda Bviri, Bongo, Ndogo and Mundari Communities of the Western Bahr el Ghazal and Central Equatoria States of South Sudan, Series 1, Volume 2, 2012; Ibid., The ascertainment of customary laws of the Avukaya, Moru, Baka, Wa’di and Jur-Bel Communities of the Western Equatoria and Lakes States of South Sudan, Series 1, Volume 3, 2012; S. E. Hutchinson, Nuer Dilemmas. Coping with Money, War and the State, University of California Press, 1996; M. Fadlalla, Customary Laws in Southern Sudan. Customary Laws of Dinka and Nuer, iUniverse, 2009; C. Mareng, Loveless Mariage Among the Dinkas, The Key Publishing House, 2014. 505 Confidential document, ERN D116346-D116348; Confidential document, ERN D116715-D116717; Confidential Meetings, 4 October 2018 and 22 January 2019; Focus Group Discussion, 5 October 2018. 506 Witness 932, ERN 101705-101710; Conflict Sensitivity Resource Facility South Sudan, Gender in South Sudan, 2018; ACORD, “Conflict and Gender Study – South Sudan, Addressing Root Causes Programme”, January 2018. 507 Human Security Baseline Assessment for South Sudan and Sudan, “Women’s Security and the Law in South Sudan”, Small Arms Survey, March 2012. K. Grabska, Gender, Home & Identity. Nuer Repatriation to Southern Sudan, Eastern Africa Serie, Boydell & Brewer, 2014. 508 ACORD, “Conflict and Gender Study – South Sudan, Addressing Root Causes Programme”, January 2018. 509 M. van der Wolf, “Women Take Role in South Sudan Peace Talks”, VOA News, 16 January 2014. See also participation in the drafting of the Comprehensive Peace Agreement of 2005 and the R-ARCSS. 510 See the Transitional Constitution of the Republic of South Sudan as amended by the Transitional constitution of South Sudan, 2011 (Amendment) Act, 2013 which provides for the equality of rights and duties for men and women (Preamble, Article 16), the equal protection of the law without discrimination (Article 14: Equality before the Law), for the unconstitutionality of forced marriage (Article 15: Right to found a family), the Rights of women including the obligation for the Government at all level to enact laws to combat harmful customs and traditions which undermine the dignity and status of women (Article 16: Rights of women); Local Government Act (2009), section 110. 511 R-ARCSS, Articles 1.4.4 and 5.1.1. 80