A/HRC/40/69 124. The protracted conflict in South Sudan has had the most profound impact on women and girls, who, on a daily basis, have to confront a horrific variety of sexual violence committed by government forces and armed actors belonging to the opposition. Such acts include the savagery of gang rape, sexual violence, sexual exploitation, rape, forced marriage, forced pregnancy, forced abortion and the mutilation of sexual organs. 125. Shortcomings within both the formal and customary justice systems prevent the resolution of gender violence, which is deeply anchored in cultural beliefs. Structural inequalities, poverty and discrimination continue to obstruct access by women and girls to justice and security as well as to transitional justice processes. 126. The structure of the South Sudanese economy shifted in the post-independence period from a predominant reliance on agriculture to oil. The armed conflict in South Sudan is being driven primarily by the need to control the oil-producing areas in Unity and Upper Nile states. That aim has been a major driver of the continuing ethnic violence, which has led to enormous human suffering and violations of human rights and international humanitarian law. The oil industry in South Sudan – including the State-owned petroleum company, Nilepet – has been militarized and securitized, with the National Security Service having expanded its involvement in oil production and management. 127. After delays in implementing the transitional justice provisions of the Agreement of 2015, the Revitalized Agreement (2018) has recommitted the parties to a transitional justice framework, which, in addition to the hybrid court, the commission for truth, reconciliation and healing and the compensation and reparation authority, includes traditional mechanisms. The Revitalized Agreement has also stipulated new time frames for the establishment of these mechanisms, commencing in May 2019. 128. South Sudan is a diverse society in which ethnic communities continue to provide identity and a sense of belonging for most citizens. Customary justice, while manifesting many weaknesses, especially in relation to women’s rights, remains an important instrument of access to justice for most South Sudanese people. 129. The scale of violations and crimes committed during the course of the conflict demands an urgent and holistic approach that involves all South Sudanese people, including forced migrants, in the pursuit of accountability, reconciliation and healing. B. Recommendations to the Government 130. On advancing the rights of women, the Commission recommends that the Government of South Sudan: (a) Fast-track the finalization of the national gender policy, including measures to implement the equality provisions set out in the Transitional Constitution and its Bill of Rights, which guarantees equality and equity between women and men, including a 25-per-cent quota for women in all spheres as a temporary affirmative measure to redress past imbalances; (b) Ensure that the national justice system, including the plural legal system, is strengthened to protect victims and survivors of gender-based violence, ensuring access to justice and to an effective remedy that facilitates the investigation and prosecution of sexual and gender-based crimes; (c) Ensure that gender-based violence against women is not mandatorily referred to alternative dispute resolution procedures, such as mediation and conciliation; (d) Eliminate discriminatory evidentiary rules and procedures, including procedures allowing for women’s deprivation of liberty to protect them from violence, practices focused on virginity and legal defences or mitigating factors based on culture, religion or male privilege. Such procedures also include traditional apologies, pardons from victims’ and survivors’ families, the subsequent marriage of the survivor of 17