Court gavel. (Photo: Courtesy).

A South Sudanese advocate highlights that many provisions of the ratified Maputo Protocol including the rights to marriage, work and inheritance, are compatible with the country’s civil laws except in the context of abortion.

The South Sudan parliament endorsed the African Union instrument in October 2017 but had reservations on several provisions, including those discouraging polygamy and on sexual and reproductive health.

These include the right to decide whether to have children, the number and spacing, and the rights to contraceptives and safe abortion care.

President Kiir finally signed the instruments of ratification and deposited in June 2023 following years of advocacy by national and regional women’s rights groups.

Christina Yacoub said South Sudan laws only permit abortion where the mother’s health is at risk, while the Maputo Protocol expands this right, allowing for abortion in cases of rape, sexual assault, or incest.

He said the document enshrines the protection of the human rights of women, not only in South Sudan but in the African continent.

“Most of the provisions of the Protocol are present in the Constitution of South Sudan, such as the right to marriage, work and inheritance,” he said.

“In my personal opinion, there is no conflict between the civil laws in South Sudan and the Mobutu Protocol, but there is one issue, which is the problem of abortion, because according to the law of South Sudan, abortion is considered a crime.”

“But according to the law, it is permissible to resort to abortion according to the law in the event of a danger to the mother’s health, while the Mobutu Protocol expanded on this issue, as it gave women the right to abortion when they become pregnant due to rape.”

Women and girls in South Sudan face extreme challenges with limited rights to protection, participation and inclusion and the country has one of the highest rates of sexual and gender based violence in the world, according to Solidarity for African Women’s Rights.

SOAWR said many South Sudanese communities see child marriage as being in the best interests of girls and their families, and an important way for families to access much-needed resources through the traditional practice of transferring wealth through the payment of dowries.