A/HRC/40/CRP.1 the statutory courts and are usually brought before customary courts which have an inherent gender bias and rarely hold male perpetrators accountable. 668 In general, women do not trust institutions like the police, the statutory and the customary law courts, considering them prejudiced against women and also corrupt.669 Sentences meted out in these customary law courts are completely unsatisfactory and totally disproportionate to the crime committed. Perpetrator will usually be fined for these serious crimes and in some instances the victims are further victimized by being compelled by both families to marry the perpetrator.670 As previously reported by the Commission, conflict-related sexual violence in respect of South Sudanese women have rarely been investigated and prosecuted with women being left without any recourse, not being able to bring the perpetrators to justice and unable to obtain reparation. The Terrain trial has demonstrated that when political will exists, the Government of South Sudan has been able to prosecute such crimes, albeit in a military court. However, political will and commitment does not exist in respect of dealing with conflict-related sexual violence against South Sudanese women. A victim centred approach to justice for survivors of sexual and gender-based violence is essential. Programmes raising awareness and building the capacity of law enforcement officials and the military raising criminal accountability for rape and other forms sexual violence have been established and continue to be delivered by UNMISS and ICRC.671 Sexual violence continue to be used as a tactic of war to terrorise women and the entire community. The commission notes the correlation of attacks, the flow of displacements and the occurrence of crimes against the civilian population, especially sexual violence. All parties to the conflict should conform to the adequate norms of International Humanitarian Law and stop committing sexual violence crimes. Survivors have expressed their frustration at the lack of accountability for perpetrators of sexual and gender-based violence and conflict-related sexual violence. 13. UN Peacekeepers and Sexual Exploitation and Abuse Sexual Exploitation and Abuse (SEA) involving peacekeeping personnel or civilian aid workers is not new. Renewed efforts by the UN to address and prevent SEA within its field missions, including the Secretary-General’s 2003 Bulletin on zero tolerance of SEA has been ground-breaking. The UN Secretary-General, in his report on measures for protection from sexual exploitation and abuse in 2017,672 sets out a comprehensive strategy to protect individuals from SEA and published his first progress report on the implementation of the said strategy in 2018.673 The appointment of a Special Coordinator on Improving UN Response to Sexual Exploitation and Abuse to spearhead the implementation of the strategy has also been perceived to be a step in the right direction. The appointment of Jane Connors to the position of the UN’s first-ever Victims’ Rights Advocate, whose responsibility includes ensuring that the rights and dignity of victims are at the forefront of the fight against SEA has also been perceived as a positive step. Arising out of the 2017 strategy, the UN Secretary-General signed a voluntary compact with 100 Member States, who committed themselves to prevent Justice Africa, “Justice in Practice: South Sudan”, Spring 2015. What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflictaffected women and girls in South Sudan”, 2017; Justice Africa, “Justice in Practice: South Sudan”, Spring 2015. 670 What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflictaffected women and girls in South Sudan”, 2017. 671 Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, Annual Report 2017; Confidential Document, ERN D116281-D116341. 672 See Special measures for protection from sexual exploitation and abuse: a new approach, A/71/818, 28 February 2017. The strategy focuses on four main areas of action: putting victims first; ending impunity; engaging civil society and external partners; and improving strategic communications for education and transparency. 673 Special measures for protection from sexual exploitation and abuse, A/72/751, 15 February 2018. 668 669 96

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