Warrap Chiefs Prepare to Outlaw Forced Marriages

(WARRAP) – Traditional leaders and community members in Warrap State are taking a major step toward outlawing early and forced marriages, following a series of discussions supported by the United Nations and other partners.

The move mirrors a similar reform recently adopted in Western Bahr El Ghazal, which became the first state in South Sudan to revise its customary laws to prohibit child marriage.

For decades, customary law in South Sudan has played a central role in resolving community disputes. The Quanun Wanh-alel, a traditional code developed in 1975 by chiefs across what is now South Sudan, still governs up to 90 percent of local civil and family cases. However, growing concerns about its impact on human rights, particularly for women and girls, have led to calls for reform.

Adut Akoc, a women’s representative in Kuajok, said young people need a legal system that reflects modern realities.

“Our younger generations deserve a new legal system that reflects the modern world,” she said.

One of those affected by the current system is a 17 year old girl referred to as S, who declined to be named due to safety concerns. At just 16, she was forced into an arranged marriage after an influential businessman paid a dowry of 180 cows to her family.

Despite family pressure, S refused the marriage. Her rejection led to her arrest after the man complained to local police. She was held in detention for several months until a formal court intervened. The court ordered her release and instructed her father to return the cattle.

However, the livestock had already been sold or distributed, leaving the family unable to comply with the ruling. According to customary norms, this leaves the family vulnerable to future imprisonment unless the dowry is repaid.

S remains determined to pursue education and independence.

“My dream is to finish my education and become a teacher. I don’t want to be chained to the house,” she said.

Roda Sube, a Gender Affairs Officer with the United Nations Mission in South Sudan (UNMISS), said S’s experience is not unique. She noted that many women are still subject to practices such as widow inheritance, where a woman is forced to marry a male relative of her deceased husband.

According to Pyry Salomo Paulasaari, a Programme Administrator with the International Organization for Migration (IOM), many of these practices prioritise community cohesion over individual rights. He said ongoing community consultations have shown that people themselves are eager for change.

“Nobody is better placed to review the laws they must abide by than the people themselves,” he said.

The process of reform is being led by chiefs, elders and government officials in collaboration with the UN and development partners. Last month, Western Bahr El Ghazal formalised a revised version of its customary code that prohibits early and forced marriages. The reforms there were shaped with input from women leaders, including the state’s former female governor.

In Warrap, recent gatherings of traditional authorities, supported by UNMISS, have resulted in consensus among chiefs to follow the same path. Final approval now rests with the Ministry of Justice and the state government.

Madhel Lang Juk, Paramount Chief and Chairperson of Warrap’s chapter of the Council of Traditional Authority Leaders, welcomed the decision.

“It is long overdue. We all need this milestone reform,” he said. “Hopefully, others will soon reach the same consensus.”

If approved, Warrap will become the second state in South Sudan to formally outlaw early and forced marriages through revisions to its customary legal code, potentially setting a wider precedent across the country.