A/HRC/40/CRP.1 B. Women and Girls in South Sudan South Sudan is a deeply patriarchal society, in which historically, custom and tradition have preserved the role of men as the main decision makers in society and entrenched the subservience of women and girls. Sexual and gender-based violence against women and girls continues to rise at an alarming level as a result of the inter-ethnic conflict since independence waged by multiple armed groups. In the period since the Commission’s last report in March 2018, there have been numerous incidents of rape and other forms sexual violence, committed against women and girls including in Unity State where more than 150 women and girls are alleged to have been raped and gang raped in a period of two weeks. Sexual and gender-based violence against women and girls is pervasive in large part due to the total impunity for those responsible. The Commission in this chapter addresses the root causes of sexual and gender-based violence, including conflict-related sexual violence, and the nexus with customary norms and practises. Structural inequalities, poverty and discrimination hamper the access of women and girls to justice and security as well as to transitional justice processes. This chapter traverses the lived experiences of inequality and discrimination that women and girls continue to face in South Sudan, the resilience with which they confront the devastating impact of the ongoing conflict. There is no doubt that more needs to be done to address impunity for sexual and gender-based violence crimes with a victim centred justice and at a community level to deal with the stigma and trauma experienced by survivors of sexual violence and their families. In terms of custom and tradition, women and girls pass from their father’s authority to their husband as men are considered to be the head of the family responsible for decisionmaking, building the family dwelling, helping their wives cultivate fields, and responsible for cattle and livestock.492 Women are expected to be submissive and obedient to their husband and other males of the family, taking of household chores including procuring food, water, firewood, maintaining the house, cooking, caring for children and being sexually available to their husbands.493 Women are expected do most of the work. 494 If the woman does not fulfil her obligations, she can be reprimanded physically. 495 Traditional practices such as bride price, early child and forced marriage persist and impact negatively on women and girls. The status of a woman in the family and community is defined by the bride price her father can acquire from a future husband and his family on marriage.496 South Sudanese women, the Commission spoke to, lamented the fact that a man can marry as many women as he can afford. However, these practises have evolved in more educated and urban households, where educated women are less likely to accept polygyny. 497 Single and divorced women are frowned upon in South Sudanese society. 498 Similarly, a Care, “Inequality and injustice: The deteriorating situation for women and girls in South Sudan’s war. A progressive gender analysis: 2013-2016”, 2016; J. Wars, “Because now men are really sitting on our heads and pressing us down…”: Report of a preliminary assessment of gender-based violence in Rumbek, Aweil (east and West), and Rashad County, Nubba Mountains, USAID and University of Missouri, 2005; 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. 493 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; Care, “Inequality and injustice: The deteriorating situation for women and girls in South Sudan’s war. A progressive gender analysis: 2013-2016”, 2016. 494 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. 495 S. Benesova, “Southern Sudanese Women in the Diaspora”, in The Osprey Journal of Ideas and Inquiry, 2004, pp. 79 ff.; ACORD, “Conflict and Gender Study – South Sudan, Addressing Root Causes Programme”, January 2018. 496 Conflict Sensitivity Resource Facility South Sudan, “Gender in South Sudan”, 2018. 497 Witness 925, ERN 101886-101890; 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; What Works to Prevent Violence against Women and Girls consortium, “No Safe Place: A lifetime of violence for conflict-affected women and girls in South Sudan”, 2017; M. Fadlalla, Customary Laws in Southern Sudan. Customary Laws of Dinka and Nuer, iUniverse, 2009. 498 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. 492 78