Gender-Based Violence in Conflict and Post-conflict Societies : A Case Study of South Sudan

Sammanfattning: This thesis focuses on GBV against women and girls in conflict and post-conflict societies with a particular emphasis on South Sudan. It notes that women and girls are disproportionately affected by gender-based violence, and other consequences of war, including displacement and loss of livelihood. The generally weaker social capital that women tend to possess is often a precursor to wanton abuse at the hands of both friend and foe. A United Nations Human Rights Commission situation report on South Sudan, the country has had an incredibly difficult experience for the people who were the victims of conflict as violence has completely eclipsed the rule of law. Women and girls continue to encounter gender-related violence in form of rape, defilement, sexual slavery and very many other human rights abuses such as forced prostitution, domestic violence and sex trafficking. Coupled with this, their needs are undermined and not adequately addressed by duty-bearers and state actors. This is the case despite the availability of national legal provisions that declare the protection of women and girls as a guiding principle. This study aims to provide an in-depth understanding of GBV against women and girls in South Sudan. To achieve this, the study offers an understanding of the nature and architecture of South Sudan as a conflict and post-conflict state, and the causes and contributing factors of GBV against women and girls in South Sudan. It also identifies the consequences and effects of GBV against women and girls in South Sudan and examines the legal framework for the protection of women and girls in South Sudan.   The study engages the feminist framework to place the study into perspective. It argues that the main factors leading to GBV against women and girls stem from the patriarchal nature of South Sudanese culture, which is further evidenced in the institutional structures. The study engages a qualitative research approach that is based on a descriptive analysis to offer a normative reflection on how conflict shapes societal attitudes towards women and girls. Being non-empirical, the study uses a library research method of investigation to incorporate available sources with relevant unpublished sources. The findings show that South Sudan is characterized by divided loyalty to two publics namely formal institutional structures and traditional cultural structures. It indicates that the strong formal and informal patriarchal institutions and practices grounded in violence and misogyny still exist giving men a hegemonic status which promotes aggressive behaviour and devaluation of women whilst serving to legitimize GBV against women and girls and prevent access to justice. The study shows that the prevailing laws in South Sudan are not sufficient to protect women and girls in South Sudan from GBV since many of these laws are enacted and enforced by men who oftentimes are the perpetrators of violence against women and are protected by patriarchal cultural and formal institutions. Finally, the study proposes adopting a human rights approach in an ethnically plural state, institutional reforms, legal reforms and increased resource allocation to GBV prevention.