A/HRC/9/13
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military justice system. The SPLA has to some extent acknowledged the problem and has reacted
by moving army barracks away from the city centres. The military justice system is also being
strengthened, although the SPLA has admitted that it would take time and a substantial
commitment of resource to successfully transform the former guerrilla army into a disciplined,
professional force.
73. Discriminatory practices still persist against women when it comes to divorce, child
custody and property rights, as traditional courts will often favour the husband. Early and forced
marriages are still a common practice across Southern Sudan, resulting in school dropouts and, at
times, death during child delivery. Wife inheritance is still practised. Domestic violence appears
to be widespread but underreported. Domestic violence is still considered a domestic issue that
stays within the family. Only when a case becomes “serious” may it be taken to the chief courts
or even to the police. There is no specific legislation dealing with domestic violence and there
are no shelters available. At times women end up in prison for their own protection.
74. Sexual violence is prevalent in Southern Sudan and underreported. There are a number of
reports where the alleged perpetrators have been men in uniform, i.e. police, SPLA or members
of the Joint Integrated Units (JIU). In such cases, investigations are not always carried out or
pursued due to fear of reprisals, or judgements are simply delayed. Women traders in
marketplaces who stay at night to guard their goods have been victims of sexual harassment and
rape, as well as tea sellers and women working in restaurants and bars at night. A further
problem is the practice of denying medical treatment to the victims unless they have filled in a
Form 8 at the police station. Receiving proper medical treatment and adequate examinations is a
challenge, as the facilities or equipment are not always available and medical staff are not trained
in how to deal with such cases.
75. Despite notable efforts and some progress, serious challenges remain in the protection and
promotion of human rights in Southern Sudan. Institutions continue to struggle with meagre
resources, both human and financial, to find redress to many problems. Several of these
institutions have revisited or are currently revisiting their plans, budgets, structures and legal
frameworks, and strategizing on their future and compelling priorities. Several of them have also
welcomed and benefited from assistance provided by the international community, including that
of the United Nations, in the form of technical and financial support, training, infrastructure and
logistics. However, enormous challenges remain ahead as key laws still need to be passed or
amended, viable mechanisms need to be put in place to guarantee adequate protection of basic
human rights, and increased awareness on human rights needs to be disseminated throughout
Southern Sudan.
VII. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
76. Despite some steps by the Government of Sudan principally in the area of law reform, the
human rights situation on the ground remains grim, with many interlocutors even reporting an
overall deterioration in the country. Human rights violations and breaches of humanitarian law
continue to be committed by all parties. Land and air attacks by Government forces on civilians
in Darfur; the 10 May Justice and Equality Movement attack on Omdurman; the arbitrary arrest
and detention of hundreds of Darfurians; several serious incidents in Darfur, including the
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