A/HRC/40/CRP.1 These quotas have undoubtedly resulted in an increase in women’s participation which is at close to 30 percent in the South Sudan Legislative Assembly and at 12 percent in the State’s Legislative Assembly.512 However, it has not improved significantly at local government level: only one out of 10 Governors is a woman with only one woman County Commissioner out of 82 (Western Equatorial) and only 19 women state ministers out of a possible 127 (constituting approximately nearly 15 percent). Women are rarely awarded high level positions and even in institutions where they do exceed the requisite 25 percent level, they still find themselves at the lower end as a result of poor literacy levels, low quality education and the lack of opportunity. 513 While this has not translated into substantive gains for women it is nevertheless a positive step forward in a country in which both the public and political sphere have traditionally been dominated by men who take key decisions affecting women without consulting with them.514 The Judiciary as at 2013 only included three percent of women, a figure that has not changed much since. 515 The Secretary-General in his 2017 report on women and peace and security noted that a gender-responsive legal and judicial system constitutes one of the building blocks of a resilient society. 516 The R-ARCSS and the Transitional Constitution of 2011 recognize the need to improve the participation of women and to advance their rights which continues to be stymied by a lack of political will on the part of the Government which manifests in the failure to build effectiveness measures to ensure realization. 517 Women themselves have voiced that the ongoing conflict and increased militarization as well as the lack of political will on the part of the Government limits their participation in the public life of the country despite specific provisions in the Constitution and now the R-ARCSS.518 Furthermore, in rural areas many women have no formal education and continue to face exclusion and discriminatory practices, making their participation in the public sphere even more difficult. 519 In addition, the development of women’s organizations and movements is still at an embryonic stage with very few women’s organizations truly diverse and representative of the plurality of women in South Sudan. Nevertheless, the return of many qualified women to southern Sudan due to its independence and the important role that women should play in the political, economic and cultural development cannot be underestimated. 3. Customary law and the Advancement of Women’s Rights The Transitional Constitution of South Sudan provides that customary law should be regarded only as a source of law in South Sudan, and is binding to the extent that it does not conflict with the provisions of the Constitution. The reality however, is that numerous customary law provisions in respect of the status of women conflict with the right to equality in the Constitution and the statutory legal framework. In addition, while statutory and customary law courts coexist, statutory courts often apply customary law to women to their detriment.520 Gender biases are significant in the outcomes of the customary law courts and the statutory justice systems which are headed mainly by men with patriarchal views and entrench the notion of men as the heads of families and women in a subordinate role. For example, in cases of sexual and gender-based violence521 it is not uncommon for customary 512 Inter-Parliamentary Union. JMEC, Progress Report No. 4: on the Status of Imlementation of the R-ARCSS 2018, 10 December 2018. 514 M. van der Wolf, “Women Take Role in South Sudan Peace Talks”, VOA News, 16 January 2014; Statement from South Sudanese Women Leaders, 26th September 2018, Djibouti; A. T. Mayai, “Improving Gender Equality Quota Implementation in Post-conflict South Sudan”, Weekly Review, The Sudd Institute, 6 November 2018. 515 A. T. Mayai, “SPLM Politics of Gender Equity”, Weekly Reviews: The Sudd Institute, Juba, South Sudan, 2013; Confidential Meeting, 2 December 2018. 516 Report of the Secretary-General on women and peace and security, S/2017/861, 16 October 2017. 517 A. T. Mayai, “Improving Gender Equality Quota Implementation in Post-conflict South Sudan”, Weekly Review, The Sudd Institute, 6 November 2018. 518 Articles 16(3) and 16(4)(a) of the Transitional Constitution, 2011; See A. T. Mayai, Improving Gender Equality Quota Implementation in Post-conflict South Sudan, The Sudd Institute, 6 November 2018. 519 Conflict Sensitivity Resource Facility South Sudan, “Gender in South Sudan”, 2018. 520 Conflict Sensitivity Resource Facility South Sudan, “Justice in South Sudan”, 2018. 521 Human Security Baseline Assessment for South Sudan and Sudan, “Women’s Security and the Law in South Sudan”, Small Arms Survey, March 2012. See also e.g. a ruling from the Malual Bap Customary Court, Rumbek Central County of 4 February 2008 513 81