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Bill of Rights neglects women’s economic rights: watchdog

Author: Darlington Moses | Published: October 10, 2024

Participants at a workshop validating a position paper on the Bill of Rights gather for a photo in Juba. October 9, 2024. (Photo: Darlington Moses/Eye Radio).

The Federation of Women Lawyers in South Sudan (FIDA-SS) said the country’s Bill of Rights does not include women’s socioeconomic rights which have been undermined by negative traditional practices in the country.

FIDA South Sudan is part of the Federacion Internacional de Abogadas or International Federation of Women Lawyers, which is a global organization aimed at promoting the rights and interests of women lawyers.

On Wednesday, the organization held a consultative workshop to validate a position paper on socio-economic women rights in Juba.

FIDA-SS Executive Director Ms. Susan Poni Victor said the document identified that women’s rights in the country remain unaddressed.

“The Bill of Rights has actually said a lot of things, but we felt as women that some articles are missing. The socio-economic rights of women are not inclusive,” Poni said.

The validation workshop aims to amplify women’s voices and ensure that their rights are included in the permanent constitution-making process.

According to her, the position paper which is almost at its final stage is expected to be tabled before the Constitutional Amendment Committee.

“We thought of coming out with a position paper to address the gaps that are already there. Before the permanent constitution is finalized, we have our voices heard.”

She narrated that in August 2024, FIDA South Sudan and UNDP, contracted consultants to develop the position paper articulating social economic rights of women in the country.

“We are actually focusing on consultations with the stakeholders for us to get their views, to enrich the documents before we present the final draft to the Constitutional Amendment Committee.”

Deputy Minister of Justice Joseph Maker Arop assured the federation that its position paper will be incorporated into the constitution-making process.

Justice Malek said women have rights to fully participate in everything and own property.

“It’s a very important stand. The right of women has been taken by customs and tradition many years ago. And we are here to validate, the position of the research because we want to make a position to it to be incorporated to the permanent constitution.”

“This is very important. Even affirmative action, 35%, is not limited. Just like incentive for women, but they are also competing with us in 65%.”

“That means women should have the right to participate fully in everything with men because we are partners. Men and women are partners. Even to own property. Like houses and others.”

For his part, UNDP Resident Representative Mohamed Abchir stressed the need for people-centered and gender-sensitive approach to ensure that this constitution is owned by South Sudanese people.

“This constitution represents one of the key milestones envisioned in the revitalized agreement and the Bill of Rights, that we envision incorporating into the permanent constitution,” Abchir said.

“This Bill of Rights will serve as the cornerstone for the rights and the freedoms that the people of South Sudan deserve to fully enjoy and practice. Our position paper today, which we are here to validate, addresses some of these fundamental rights, the socio-economic rights of women of South Sudan.”

“It is not secret that many women citizens of South Sudan currently face significant challenges in this pursuit. I want to take this moment to reaffirm UNDP’s ongoing commitment to support the constitution-making process in South Sudan.”

A bill of rights is a list of the most important rights to the citizens of a country aimed at protecting those rights against infringement from public officials and private citizens.

It is a covenant among the people, between them and their government at every level and also a commitment to respect and promote human rights and fundamental freedoms enshrined in the Constitution.

According to article 16 of the transitional constitution, women in South Sudan shall be accorded full and equal dignity of the person with men and shall have the right to equal pay for equal work and other related benefits
with men.

It further states that women shall have the right to participate equally with men in public life and own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased.

But experts believe a general lack of enforcement mechanisms at the community level undermines provisions women’s rights to equal work pay and ownership of property.

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