Démocratie

than most. My family is nearby and do what they can to
help me, my children are well and I am learning to read
and write. Things in Southern Sudan are changing
slowly. I’m sure that one day I’ll be free.”
Esther’s story is far from unique. As a result of the war,
countless women of her generation have suffered the
same fate. Some live in unhappy forced marriages like
Esther’s, others are victims of sexual violence at the
hands of men outside of the family unit. Today the one
common theme for women like Esther is that there are
many rigid barriers preventing discussions about the
reality of their experience. Like many societies across the
world, the subject of sex alone is taboo in Southern Sudan.
Socio-culturally, and arguably religiously, it is often
considered inappropriate to discuss sexual matters
which are largely considered to be between a husband
and a wife. Although there are some laudable aspects of
customary law which give women and children legal
protections, it is also evident that some aspects (or indeed
interpretations) of customary law serve only to
further disempower women. Add to this the all too
common concept of shame attributed to sexual matters
(particularly where a woman is concerned) and the
problem becomes clear: with regards to their bodies,
women have no voice with which to speak and protect
themselves.
When the Small Arms Survey conducted the Sudan
Human Security Baseline Assessment in 2005-2007, in the
sample group surveyed, it discovered that out of all violent
crimes, sexually violent ones are the least reported.
The under reporting is due to the imposition of shame
upon a woman, the power imbalances between men
and women and the resulting lack of support from society.
The survey also discovered that there is a greater
age differential between the perpetrator and the victim,
suggesting that power once again plays a huge role in
the problem of sexual violence. Additionally, the long
term physical and psychological effects of sexual violence
were found to be more severe than in victims of
other violent crimes. Although this research is anecdotal,
the existence of sexual violence in Southern Sudan’s
war is undeniable. It is only in recent years, long after
the most violent war years throughout the mid-late 80’s
and 90’s, that the subject of sexual violence and war is
being widely discussed in the international community.
Further compounding the barriers faced by Southern
Sudanese women is the lack of institutional ability to
deal with the problem. One of the results of the civil
war is widespread decimation of what already was a
weak system of governance. The Southern Sudanese
police force is still building its capacity to deal with their
new found responsibility for a post-conflict region. Their
remit is enormous. Despite all best efforts, the Judiciary
of Southern Sudan is only now up to 50% capacity and,
as a result struggles to deal with cases efficiently and
effectively. Whilst the Government is fully committed to
decreasing gender disparity – the CPA details how the
Government intends to achieve equity starting with political
empowerment for women – it is still difficult for
changes to be seen on the ground. Chapter II of the CPA
(Art. 1.6.1-1.6.2.16) specifically mentions the rights of men
and women to, ‘[…] the enjoyment of all civil and political
rights set forth in the International Covenant and Political
Rights […] ‘
At a grassroots level, Southern Sudan has numerous
active women’s rights organisations ready to move forward
and to speak the words which will bring healing to
the country’s women and children. What is currently lacking
is a legal framework to enable them to speak and be
heard. In the absence of specific Southern Sudanese gender
equity legislation, there is no legal mandate to enable
women’s organisations to act on behalf of women.
Although there is presently no specific legislation on sexual
violence, the intention and spirit of the CPA is clear;
women matter and women must be given a voice.
As far as the international community is concerned,
there is also a commitment to redress the balance between
men and women. The United Nations has adopted
Resolution 1325 on Women, Peace and Security. It recognises
the importance of women in peace and security.
The Resolution has been embraced by the Government of
Southern Sudan and its international partners. Placing
women’s rights at the top of the agenda together with
security issues can only herald positive change and open
up the dialogue regarding sexual violence.
Creating the future
Together with the communities, the Government of
Southern Sudan and the NGOs already working to promote
and protect the rights of women, the taboo about
sexual violence can be removed. There is a need for dialogue,
there is a need for the rebuilding of conflict resolution
methods and, in due course, a need for communities
to learn about the legal protections available to victims
of sexual violence during and post conflict. And in
healing the wounds, the perpetrators are also to be remembered
because the violence which they have inflicted
on others is not only debasing to them but sadly indicative
of the underlying traumatic effects of war.
Awak Bior,
Project Coordinator in Southern Sudan.
Footnote :
(1) The name has been changed to preserve the anonymity of the victim.