By Kei Emmanuel Duku
United Nations Commission on Human Rights in South Sudan is alarmed of four 13-year-old girls forced into marriage with older men in Kuajok, Warrap State.
Speaking to the media this week, Head of the Commission, Yasmin Sooka said that during a recent field visit, sexual and gender-based violence survivors also recounted horrific experiences of rape by armed men in uniform.
“Four young girls told the UN Commission on Human Rights that they were forced into marriage with older men in exchange for cattle,” the Head of the commission said.
According to Sooka, some survivors of these forced marriages attempted to escape their spouses but were forcibly returned to their marital homes.
She attributed the early marriage of young girls in Warrap and other states to poverty and a cultural practice where parents prioritize wealth over a girl’s education.
“In Kuajok, a seven-year-old girl was raped by a soldier, and four other young girls were forcibly married off at the age of 13 to older men because their families were desperate to escape poverty. It’s frightening because even when they tried to escape and return home, they were forced back,” Sooka said.
She stated that many young girls were married off to men 20 years or more their senior, leading to rape, physical abuse, and forced pregnancies. Furthermore, even when the girls managed to escape, their parents forcibly returned them due to the fear of having to return the cattle.
Sooka noted that the situation in Warrap is exacerbated by a shortage of judges to investigate and prosecute perpetrators of sexual and gender-based violence. Currently, Warrap State, with six counties, is served by only one judge.
Meanwhile, Commissioner Carlo Castresana Fernandez identified communal violence, targeted killings, cattle raiding, and the proliferation of firearms as common drivers of violence in Warrap State.
He emphasized that the absence of competent courts and a lack of funding for the judiciary have hindered access to justice for affected communities and individuals.
“The judiciary is completely neglected, starved of funding, and deprived of judges, rendering the courts incapable of addressing the extreme violence occurring between communities,” Castresana said.
He further added that the current judge serving the six counties in Warrap is working on a sustenance basis and appealed to the central government for necessary financial support.
Castresana also suggested that, in the absence of adequate funding, the government could introduce mobile court systems while continuing to develop permanent, functional, and adequately funded justice systems across the country.
He argued that the government’s claim of insufficient funds to support the judiciary is unfounded, citing the 3.5 billion dollars generated from oil and non-revenue sources between September 2022 and August 2024, which should have been sufficient to fund the judiciary and other government agencies.
“There is still significant revenue from the second oil pipeline and non-revenue collection, so no nation’s political leaders can reasonably claim that the lack of operating courts is due to a lack of funds to allocate to the judiciary,” Castresana added.
Commissioner Barney Afako emphasized the need for South Sudan to build a judiciary system responsive to human rights violations by equipping police officers to investigate and prosecute perpetrators.
He also reiterated the need for financial resources to support the judicial and criminal justice systems and called on the government to establish the hybrid court under the Truth, Healing, and Reparation Commission, as mandated in the 2018 peace agreement.
“If you divert national resources and prioritize security over other sectors, you will not break the cycles of violence in South Sudan. The Truth Commission is an essential forum for addressing crimes committed during the conflict,” Afako said.
He noted that despite the presence of police, prosecutors, and judges, the prison system remains deeply dysfunctional, fueling violations of fair trial guarantees.
Afako asserted that in the absence of law enforcement, criminals go unpunished, and when there is no deterrent, citizens resort to self-defense, perpetuating a cycle of violence.
“The priorities in a transitional process, when moving from conflict to coexistence where controversies are resolved peacefully with legal instruments, is enabling a functional, reliable, permanent justice system. Without it, we find self-defense and violence. In a country like South Sudan, where many people have guns, they use them to resolve disputes because there is no other recourse,” he concluded.