Poster at the launch of the 16 Days of Activism in Juba - credit | William Ronyo/Eye Radio | Nov. 25, 2021

Customary marriages and the concept of marital rape are key points of contention that have delayed the enactment of the Anti-Gender Based Violence Bill three years after it was drafted, a member of parliament disclosed.

The Anti-GBV Bill was submitted to the National Ministry of Justice and Constitutional Affairs in 2020 for scrutiny and presentation in parliament.

But since then, the bill is yet to be tabled before the legislature, and several stakeholders and women rights groups have repeatedly called for the bill to be enacted.

“Concerning the Anti GBV bill, there was an issue to do with customary marriage we have different customs when it comes to marriage,” said Mary Michael at a workshop on Wednesday.

Ms. Michael, who has been lobbying for the bill to be taken to parliament, said the delay was due to questions about whether the bill is in line with the different customs of the South Sudanese communities.

Ms. Michael said another issue is whether sex in marriage without the consent of a spouse should be considered as rape.

“There was a question about whether the bill was in line with our customs because some of our community’s marriages were with cows’ others with money and some with both.”

“So, we are called to harmony in these marriages. The other point was rape it was mentioned in the bill that sex and n marriage without consent consider rape but it’s not in the 2008 penal act.”

According to the lawmaker, the concerns triggered the review of the draft bill in order harmonize the different views.

“So, we need to agree with what is in the bill and the law which is expected These are the points that stop the Ministry of Justice from passing to bill to parliament.”

During the workshop on Monday, UNFPA country representative, Dr Ademola Olajide, said the absence of Anti-GBV bill has hindered women and girls in South Sudan from participating in social and economic activities.

Women and children in South Sudan are experiencing a protection crisis, the UN humanitarian agency OCHA said, adding that high levels of GBV are reported across the country including rape and sexual assault.

The Humanitarian Needs and Response Plan for South Sudan estimates that 2.5 million people risk GBV challenges in 2024 as communities admit that many GBV incidents go unreported.

Women and girls tend to experience higher levels of GBV in public and private spaces due to entrenched societal norms and practices that violate their rights.

Last month, Speaker Jemma Nunu Kumba encouraged lawmakers to report sexual exploitations and abuse allegations against young girls in National and International NGOs to relevant authorities.

This came after a lawmaker from Rumbek Center, raised concerns about sexual exploitation of young South Sudanese, particularly women, seeking jobs with Non-Governmental Organizations (NGOs) operating in the country.