A/HRC/23/31 D. Promoting and protecting the rights of women and girls 33. Progress in eliminating discrimination and abuses against women and girls in South Sudan, including domestic violence, forced marriages and sexual violence, has been slow. Even though the transitional Constitution provides for the equality of men and women before the law, women continue to face discrimination regularly, including in relation to such fundamental matters as marriage, land and property ownership, inheritance and education. Harmful traditional practices also play a role in perpetuating women’s unequal position within communities, particularly in rural areas. 34. Women and girls also continue to face significant discrimination in the administration of justice. Women are regularly detained based on non-criminal, customary “offences”, such as adultery, for which women tend to be charged disproportionately. In addition, the extensive role of the customary legal system in resolving disputes and even adjudicating criminal cases leads to further violations of women’s rights, since the customary principles employed are often not in keeping with international human rights norm of non-discrimination. E. Economic, social and cultural rights 35. The poverty and underdevelopment in which the majority of the population of South Sudan still lives have not been conducive to the enjoyment of economic, social and cultural rights. In this context, the recent implementation of the cooperation agreement of September 2012 between the Sudan and South Sudan is a significant development insofar as it has allowed the gradual resumption of oil exports. Benefits from increased national budget revenues cannot, however, be expected in the immediate term. Continuation of the prevailing austerity regime that has prevented more investment in human services could therefore be reasonably expected to prevail for some time. Once national revenue has been normalized, revision of the country’s budget should focus on social investment by allocating additional resources on historically neglected areas to improve the delivery of public services. F. Gaps in the national legal framework for the protection of human rights 36. Numerous laws were enacted with implications for human rights during the parliamentary session of 2012-2013. Further action is still awaited on three important media bills are under review, one of which was scheduled for its second reading in Parliament in May 2013. Necessary legislation covering national civil society and the national intelligence services has not yet been enacted. In addition, legislative action is still needed to address the significant gaps arising from the unclear relationship between statutory and customary laws in many areas, which lead to violations of human rights. 37. Enacted legislation includes the General Education Act (2012) and the Higher Education Act (2012). The General Education Act provides for free basic instruction for all in South Sudan, with the aim of improving education standards. Given the extremely low levels of literacy and the poor access to basic education, the implementation of this act is crucial not only with regard to the population’s enjoyment of the right to education, but also with a view to enhancing the understanding and application of human rights and obligations. 38. Despite these developments and the adoption of legislation on elections and political parties, which are key elements of the transition process, significant legal gaps still need to 8