By Kei Emmanuel Duku
In a historic move to mend the nation’s loose social fabric the South Sudan government has unveiled a landmark Family Law Bill designed to dismantle discriminatory traditions and provide a unified legal shield for the country’s most vulnerable.
By bridging the volatile gap between customary practices and statutory law, the Bill promises to resolve the gap of inheritance and family rights that has long plagued the young nation.
Esther Ikere Eluzai, the Undersecretary of the Ministry of Gender, Child and Social Welfare, opened the public consultations with a stark reminder of the high stakes. She noted that because the family is the basic unit of society, the absence of governing legislation leaves the entire social structure at risk.
“The Family Bill is one of the most important legislations in the country,” Eluzai stated. “It is aimed at addressing the legal gaps surrounding marriage, divorce, child custody, and inheritance. When we don’t have a legislation for the basic unit of the society, we will automatically say that our social fabric is loose.”
The Undersecretary explained that while South Sudan is rich in diversity, the customary laws across the 64 ethnic groups often clash with national and international human rights standards. This lack of uniformity has historically left women and children without protection in cases of child marriage, domestic violence, and property disputes.
“Inheritance is a bigger problem in the Republic of South Sudan,” Eluzai emphasized, noting that the new Bill would finally provide legal certainty and access to justice. “It will harmonize customary laws and statutory laws to ensure fairness and consistency. We have contradictions between the two, and this law will harmonize those discrepancies.”
The process, which began in 2017 with a customary law study across the 10 states and three administrative areas, has now reached a critical stage of public consultation. Eluzai clarified that the Ministry is now moving forward with a single, unified draft to avoid the confusion of multiple versions held by different development partners.
The call for reform was echoed by international partners who view the Bill as a vital democratic milestone. Anis Ahmed, the Director of the Rule of Law and Security Institution section at the United Nations Mission in South Sudan-UNMISS, argued that the public consultation process is far more than a technicality.
“Public consultation is not a technical step; it is a democratic duty. It strengthens legitimacy and builds ownership because family law shapes daily lives,” Ahmed remarked.
The Director urged the law to be uncompromising regarding harmful traditions, stating, “Some practices because harm dowry, child marriage, forced marriage, violence in homes. The law must be very clear about it to ensure that these practices are not accepted.”
United Nations-UN Women Senior Gender Advisor Jocelyn Oboy Itorong further explained that for women and girls, this is not just a matter of legality but of survival and dignity. She noted that a strong and equitable family law is essential for ensuring justice at the household level.
“It governs marriages, divorce, inheritance, custody, and protection of family,” Itorong said. “It is a chance to build consensus around a framework that protects rights, promotes equality, and strengthens peace and social cohesion.”
Meanwhile, United Nation Development Program-UNDP Representative Brenda Ambani described the Bill as a “cornerstone” for an inclusive society. She pointed out that for too long, issues like property rights have been governed by “bits and pieces” of conflicting religious and customary rules, often at the expense of women and children.
“The Bill is an opportunity to translate the constitutional promise into reality by enacting a comprehensive Family Law Bill,” Ambani stated. She emphasized that the goal is to establish clear and uniform standards for family matters, ensuring gender equality in marriage and inheritance for both men and women.
The South Sudan Family Law Bill is rooted in the 2011 Transitional Constitution, which mandates the government to promote family welfare. Following a 2017 study on customary laws, the Ministry of Gender—supported by international partners formed a steering committee in 2020. This committee, comprising government institutions, academia, and civil society, was tasked with finalizing a draft that aligns with the Bill of Rights while respecting the local context of South Sudan’s diverse communities.