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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