A/HRC/40/CRP.1 5. Early Child and Forced Marriages The practise of early and forced marriages is rife in South Sudan with 52 percent of girls being married before they turn 18 years old and nine percent before they turn 15 years old.541 South Sudan ranks higher than most States with the highest prevalence of teenage pregnancies in the world.542 The ongoing conflict and the dire economic situation in the country has resulted in families marrying off their daughters as young as 12 in order to obtain economic relief,543 and under the mistaken assumption that it will offer them protection from abduction and rape.544 Forced marriage also happens by way of “girl compensation”, when two families settle their disputes and reconcile by giving away a woman to marry a men in the other family.545 Most girls are unaware of health risks associated with early pregnancy and the risk of exposure to sexually transmitted diseases, including HIV, especially in polygynous marriage.546 Girls are also more prone to domestic violence as they have less experience in managing the household.547 Young girls have been known to deliberately become pregnant in order to escape forced marriage. While she risks being punished by her family, in some instances, it will give her the opportunity to marry the man of her choosing as traditional settlement favours marriage with the father of the child. 548 In October and November 2018, the family of a 17-year-old Dinka girl from Lakes State sparked outrage when they auctioned her off on social media for marriage to the highest bidder, an older man, already husband to 8 wives, for more than 500 cattle, luxury vehicles, a sum of money and other commodities. 549 If several men are competing to marry the same woman, very often the higher bidder marries her which was the case in the present instance. 550 While the Government of South Sudan has committed to ending child marriage by 2030551 and article 17 of the Transitional Constitution provides that every child has the right not to be subjected to exploitative practices or abuse and not to be subjected to negative and harmful cultural practices which affect his or her health, welfare or dignity, and to be protected from abduction and trafficking, these admirable intentions are at odds with customary practices which are protected by the provisions of Article 33 of the Transitional Constitution. Article 33 provides that ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with the UNICEF, “State of the World’s Children”, 2017. UNICEF, “State of the World’s Children”, 2017. 543 Plan International, “South Sudan: Girls’ education cannot wait”, 10 June 2015; South Sudan Protection Cluster, “Protection Trends: South Sudan, January – December 2017”, April 2018. 544 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; S. Mednick, “Child bride auction in South Sudan goes viral, sparks anger”, The Washington Post, 21 November 2018; Care, “Women and girls in emergencies”, 2018. 545 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. 546 UNFPA, “Mother in childhood. Facing the challenge of adolescent pregnancy. State of the world population 2013”, 2013; C. McGee, “South Sudan: The deadly consequences of child marriage”, Al Jazeera, 16 February 2016. 547 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. 548 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. 549 Though it appears the girl and her mother were favouring another suitor. 550 Confidential Meetings, 22 November 2018 and 5 December 2018; The AHA Foundation, “South Sudan Girl Auctioned on Facebook for marriage”, 14 November 2018; W. Cirino, “South Sudan Girl Auctioned on Facebook for Marriage”, VoA, 6 November 2018; M. E. Taylor, “The Incredible South Sudanese culture of auctioning girls for marriage”, Face 2 Face Africa, 16 November 2018; S. Beswick, “‘We are bought like clothes”: The war over polygamy and levirate marriage in South Sudan”, Northeast African Studies, Vol. 8, issue 2, pp. 35-62. 551 UNFPA, “Statement on ending child marriage in South Sudan by the Ministry of Gender, Child and Social Welfare and UNFPA”, 3 December 2018. 541 542 84