Promoting the Rule of Law in Post-Conflict States
Contents:
However, in order to maximise the impact of the renewed commitment to building a just and peaceful Sudan, it is essential also to acknowledge the fragile state in which Sudan and her people are currently held captive. For, as Sudan emerges from a protracted war and moves forward towards a political settlement, the country remains stifled by conflict and by weak governance and rule of law institutions.
Against these realities, the promotion of rule of law in Sudan is a long-term objective, which will require an incremental approach towards a larger vision. While the CPA represents a formal commitment by the GoS and the largest southern rebel group to standards conducive to democracy, justice and peace, the peace-building process will need to advance and expand these aspirations through immediate and medium-term interventions that can serve as building blocks for long-term development and, perhaps, even a peace dividend.
Cambridge Core - Public International Law - Promoting the Rule of Law in Post- Conflict States - by Laura Grenfell. A. The objective of monitoring legal systems in post-conflict contexts .. B. Using a system to protect human rights and promote the rule of law.
The peace-building process must seek to empower national stakeholders to actively engage in preventing and bringing an end to violations of international and national laws and standards and restore confidence in informal and formal law-enforcement and judiciary institutions. Time is needed to build a culture of justice that is responsive to long-term capacity building and sustainable human development. Decades of war have militarised Sudan.
Legislative, judiciary and law-enforcement institutions suffer from capacity deficits and a lack of adequate training. The institutional and operational gaps in the rule of law sector are compounded by a massive circulation of small arms, continued low-intensity conflict in some parts of the country and a lack of public confidence in an impartial justice system.
Promoting the Rule of Law in Post-Conflict States
The authority bestowed on military and security actors constitutes the greatest threat to justice, peace and sustainable development taking root in Sudan. Decades of over-centralised government, absence of rule of law practices, huge development disparities between the centre and the regions and weak or non-existent administrative capacities make matters worse. It is anticipated that violence will continue to plague certain areas in spite of the CPA. In the current environment, and imbued with a strong sense of a right to own arms, communities view their arms as the only means of protection in the absence of the rule of law.
As people return to places of origin disputes over land and other property are certain to intensify.
While Sudanese society at large has suffered the consequences of armed conflict, the brunt of the war has been borne mainly by the South, where there is an extreme absence of the most basic physical, human and institutional capacities. There is a chronic shortage of competent and independent judiciary and enforcement agents.
The fact that only 22 of the trained judges envisaged under the CPA are in place highlights the need for establishing a paralegal training centre to fill the gap. The physical infrastructure of the court system in southern Sudan is practically absent. Traditional justice is still administered under a tree, while even higher courts in towns lack windows.
The judiciary has virtually no means of transportation, communication or other essential resources necessary to administer justice, such as libraries, law books or even the text of the few laws promulgated by the SPLM. Customary law has in the past been integral to peaceful conflict resolution which means that the establishment of statutory structures cannot be done without due regard to traditional mechanisms. However, it will be necessary to review customary laws and practices against international human rights standards.
Women and children are particularly vulnerable within the customary system as practised in southern Sudan.
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Often not considered legal subjects, women cannot own property, while juvenile justice appears non-existent. In the North, judiciary structures are more developed but the independence of the judiciary seems to have been compromised — as evidenced by the arbitrary dismissal of qualified judges, attorneys-general and law officers. Existing legislation fails to guarantee the full spectrum of human rights and fundamental freedoms, while military decrees and emergency laws undermine those rights currently protected by statutory law.
Although physical infrastructure does exist in major towns, large areas in the North remain grossly underdeveloped, with one police officer per 1, inhabitants. In terms of gender equity and equality, particular concerns have been raised regarding the in- ability of women to seek justice and appeal decisions. Judges need to be offered refresher courses in all matters of modern jurisprudence, including gender justice.
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Women prisoners are vulnerable. Most women do not understand court procedures and lack both the language skills and legal counselling necessary to defend their case.
Many imprisoned children appear to be street children displaced by the war. Vagrant children are criminalised and staff of penitentiary and correction institutions are generally not qualified to handle juveniles. The problem of street children and their detention is a serious one that will require investment in education and social services, as well as measures to upgrade the juvenile justice system and encourage respect for the rights of the child.
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The prison system is in an extremely bad state. There are some 55 prisons but many are not operational, or only partially functioning. Conditions are dire and inconsistent with international human rights standards. Prisoners lack food, health services, water and electricity. Collection delivery service resumes on Wednesday 2 January Further information on the Library's opening hours is available at: Promoting the rule of law in post-conflict states.
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