Africa-Press – South-Sudan. A lecturer of the Faculty of Law at the University of Juba states that traditional customs in South Sudan sometimes regard women as part of the estate and inheritance. According to him, this practice directly conflicts with national and international law.
During the 5th Derik Cultural Festival in Juba on Sunday, November 23, Dr Barnaba Korina made this assertion while speaking on a panel titled: “The Status of Women Between Customary Laws and Formal Legislation,” highlighting the ongoing tension between these two legal systems.
Dr Barnaba affirms that traditional customs in South Sudan sometimes regard women as part of the estate and inheritance, a practice that directly conflicts with national and international law. He argues that the ratified treaties outlaw the customary practice.
He firmly dismissed arguments that custom holds precedence, stressing that invalid customs cannot override formal law or regulations.
The academician pointed to the constitutional status of the ratified agreements, which provide a mandate against discriminatory customary practices.
This custom, he noted, puts customary law in direct opposition to South Sudan’s formal legal framework and international commitments.
Hierarchy of Laws
Dr Baranaba pointed out that while the constitution recognizes multiple sources of legislation—including written laws, customs, and traditions—it mandates a specific hierarchy of laws.
He addressed the argument used by some that practices like child marriage are permissible simply because the constitution mentions customs.
Dr Baranaba firmly countered this, stressing that legal principles clearly state that invalid customs cannot override formal law or regulations.
“The law states that this is an invalid custom that cannot be relied upon,” Baranaba emphasized.
International Commitments
Baranaba dismissed claims that South Sudan lacks laws protecting women’s rights as “baseless,” citing the country’s ratification of two critical international instruments:
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Ratified in 2015, this document guarantees the economic, social, political, and cultural rights and protection of women.
The Maputo Protocol: This protocol specifically addresses and protects women’s inheritance rights.
Baranaba stressed that once ratified, these international agreements attain the status and binding force of the Constitution itself, thereby outlawing discriminatory customary practices.
The panel was part of the fifth edition of the Derik Cultural Festival, which focused on fostering in-depth discussions on the South Sudanese feminist movement—a field that has historically received limited research.
Experts from history, law, economics, and education participated, tracing the historical roots of women’s activism and highlighting the structural and societal challenges that women continue to face today.
The sessions marked a significant step toward a new phase of research, writing, and documentation on South Sudan’s unique feminist experience.
Source: Eye Radio
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