Activists Aluel Atem (left) and Amer Nhial (right) discuss Anti-GBV bill on Eye Radio's Zone 72 program on June 9, 2024. Photo credit: Moses Awan/Eye Radio"Nhial, a human rights activist an interview on Eye Radio's youth program, Zone 72 on June 9, 2024. Credit: Moses Awan/Eye Radio

South Sudanese women activists advocating for the passage of the Anti-GBV bill have described the process as an opportunity to classify offences and establish suitable responses.

Originally drafted in 2019, the bill underwent review in early June after nearly four years.

Although submitted to the National Ministry of Justice and Constitutional Affairs in 2020 for examination and presentation in parliament, it has yet to be tabled before the legislature.

Various stakeholders and women’s rights groups have persistently urged for its enactment.

Controversial aspects such as customary marriages and the recognition of marital rape have prolonged deliberations on the Anti-Gender-Based Violence Bill, as disclosed by a member of parliament.

In a discussion on Eye Radio’s youth program, Zone 72, two South Sudanese women activists emphasized that the ongoing review fosters additional consultations and discussions for potential amendments, signifying the initial strides toward prioritizing and implementing the bill.

Aluel Atem, one of the activists, underscores the significance of the Anti-Gender-Based Violence (GBV) Bill, highlighting its meticulous delineation of gender-based violence and comprehensive enumeration of actions within this realm.

“We recognise that laws of anti-GBV are scattered in different laws but that idea of just needing to have something comprehensive a lot of the different forms of GBV are not clearly defined, ” Aluel said.

“This bill provides an opportunity to define, when we talk about gender-based violence, what do we mean, what falls under that, what are the forms of gender-based violence,”  she said.

“It allows us to look at when we’re talking about an offence, what then matches, what offence, the bill was drafted in 2019, and it has been at the Ministry of Justice for various reasons.

“Early last week was an opportunity to try to have more consultations, on the draft, to see if their amendment that needs to be made, and also start the process of pushing to make it a priority bill,” she concluded.

Amer Nhial, a human rights activist, asserts that gender-based violence (GBV) stems from deeply ingrained patriarchal norms and harmful cultural traditions.

In her view, the Anti-GBV Bill is an essential reference document, offering a framework for women to assert their rights and seek protection from violence.

“When we call it an anti-GBV bill, we need to look at gender-based violence in South Sudan, it is not something new to us, it has been here and we have been talking about it,” said Amer.

“[The bill] is driven by our patriarchal society, our harmful cultural norms, and the way we view women, how we don’t want women can speak up about issues that are affecting them,” she said.

“When we talk about GBV, mostly known to be a woman’s issue, it puts us to be sexually assaulted, and no one sees psychological issues as GBV issues.

“This bill came out to stand as status law, when women are talking something is backing them up, there is something that is supporting them down there,” she said.

The object of this Bill is to reform and consolidate the law relating to gender-based violence.

These include domestic violence, intimate partner violence, sexual violence and offences, assault, harassment, harmful customary practices, and child protection.

It is also meant to provide for the protection of victims of gender-based violence.

In 2019, the government of South Sudan, through the Ministry of Gender, Child, and Social Welfare, conducted nationwide research on the prevalence of GBV in the country.

Statistics report that over 53% of women and girls experience Gender-based violence, mainly Intimate Partner Violence (IPV), which accounts for 51%.

With economic and psychological partner violence included, the IPV prevalence in South Sudan is 72%.

This means that girls and women are unsafe in their homes, neighbourhoods, communities, learning institutions, streets, and everywhere.

This is a big issue that needs urgent intervention by policy institutions.

The draft bill harmonizes GBV laws and, most importantly, removes the contradictions between customary and statutory laws; it outlaws and regulates harmful customary and traditional practices.