South Sudan’s proposed Anti-Gender-Based Violence Bill offers a unique opportunity to reform and consolidate the country’s laws on gender-based violence (GBV). Although cultural practices like brideprice are part of the country’s social fabric, they have been implicated in perpetuating GBV and fuelling conflict.
Nyachangkuoth Tai examines the interplay between tradition and modernity in South Sudan, drawing on findings from a recent PeaceRep report on gender, brideprice, and conflict to outline the practice of brideprice and the implications of the Bill.
Gender, Brideprice, and Conflict in South Sudan: a Path to Progress through Legal Reform
South Sudan, the world’s youngest nation, is deeply entrenched with cultural practices, one of which is the tradition of brideprice, known locally as ‘cows for marriage’. While these traditions are integral to the country’s social fabric, they have also been implicated in perpetuating gender-based violence (GBV) and fuelling conflict. In light of this, the recent momentum surrounding South Sudan’s proposed Anti-Gender-Based Violence (Anti-GBV) Bill offers a unique opportunity to address these deeply rooted issues.
The recently published PeaceRep Report ‘Bring Enough Cows to Marry: Gender, Brideprice, and Conflict in South Sudan’ sheds light on the long-established cultural practice of brideprice and its role in perpetuating GBV, economic disparity, and intercommunal conflicts. South Sudan’s complex socio-cultural dynamics, including socio-economics and the broader political environment, has seen the persistent use of cattle as a transactional mechanism in marriages, often exacerbating systemic inequalities and fuelling cycles of violence. This reality intersects critically with ongoing efforts to enact the Anti-GBV Bill, which was introduced to Parliament in 2019.
This Bill is a proposed law in South Sudan that seeks to reform and consolidate the country’s laws on gender-based violence. The Bill aims to protect victims and hold perpetrators accountable, by addressing systemic GBV seen in domestic/intimate-partner violence, sexual violence, child protection, harmful customary practices (such as child marriage and polygamy), harassment, and assault. Brideprice plays a huge role as a root cause of these forms of violence.
The Anti-GBV Bill aligns with the Transitional Constitution 2011 and the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS, 2018), particularly Articles 16 and 17, which emphasise the protection of human rights.
Brideprice and Its Impact on Gender Inequality
Brideprice practices in South Sudan are more than just a symbolic exchange around identity and a sense of belonging. Culturally, it’s counted as a token of appreciation to the parents and extended family. Our research found that brideprice is sometimes used by families as an economic transaction that often commodifies women when the families of brides demand cattle, money, or other valuables such as cars or land, which can in turn lead to exorbitant demands on the bride in question. This practice exacerbates gender inequalities by reinforcing the notion that women are property, to be bought and controlled by their husbands and in-laws. However, this is not always clear-cut: some families, who value brideprice only as a token of respect, can be seen to show the highest regards for the women involved who are becoming new family members.
Moreover, our research found that the high cost of brideprice has been linked to inter-communal conflicts. Young men, unable to afford the attached costs or provide the required heads of cattle, often resort to cattle raiding, a practice that perpetuates cycles of violence between communities. These dynamics not only destabilise local communities but also entrench harmful gender norms.
The Anti-GBV Bill: a Beacon of Hope
The Anti-GBV Bill was proposed in 2019 yet currently remains under discussion in South Sudan’s Parliament because of several factors including several revisions of the original draft by different agencies and civil society organizations. The Bill is a critical step toward addressing the systemic roots of GBV. It aims to provide a comprehensive legal framework to prevent, address, and respond to GBV in all its forms. It emphasises survivor-centred approaches, ensuring access to justice, medical care, and psycho-social support for victims.
A key provision of the Bill seeks to outlaw practices that perpetuate gender inequality, including harmful cultural norms tied to brideprice. By challenging these practices, the Bill has the potential to shift societal perceptions and promote gender equality at both local and national levels.
Bridging Tradition and Modernity
While the Anti-GBV Bill is a progressive legal instrument, its success hinges on its ability to balance tradition with modernity. South Sudanese society is deeply rooted in its customs, and any attempt to abolish or significantly alter these practices must be approached with sensitivity and cultural awareness if the Bill is going to succeed in its aims to reduce GBV.
Efforts to implement the Bill must include robust community engagement initiatives. Local leaders, elders, and women’s groups should be actively involved in dialogue to ensure that the law is not seen as an external imposition but as a collaborative effort to create a safer and more equitable society.
Synergies Between Legal Reform and Advocacy
The synergy between the Anti-GBV Bill and ongoing advocacy efforts is crucial. Civil society and multilateral organisations in South Sudan, such as CEPO and UNFPA South Sudan, have been instrumental in raising awareness about GBV and advocating for policy change. These groups play a pivotal role in educating communities about the implications of the Bill and promoting behavioural change.
Additionally, the international community, including entities like Human Rights Watch and Amnesty International, must continue to provide technical and financial support to ensure the successful implementation of the Bill. Global partnerships can amplify local voices and ensure accountability in enforcing the law.
Conclusion: a Path Forward
The interplay between tradition and modernity in South Sudan presents both challenges and opportunities. The Anti-GBV Bill is a landmark step toward addressing the systemic roots of gender inequality and GBV. But its success will depend on the collective efforts of policymakers, civil society, and local communities and continued meaningful engagement between all three groups.
By addressing harmful practices such as Brideprice through a culturally sensitive lens, South Sudan can pave the way for a more equitable and peaceful society. The journey will not be easy, but with continued advocacy, community engagement, and international support, the vision of a gender-equal South Sudan can become a reality.
Nyachangkuoth Rambang Tai is the former Executive Director for Assistant Mission for Africa (AMA) in Juba, South Sudan, civil society activist, and consultant. She holds an Advanced Master of Governance and Development from the University of Antwerp, Belgium.
Further reading
Bring Enough Cows to Marry: Gender, Brideprice, and Conflict in South Sudan
Explore PeaceRep key findings on Sudan and South Sudan