The thesis further concludes that PAD severely undermines the public's trust in justice and law enforcement institutions in South Sudan. It then examines the context of South Sudan, focusing on contextual human rights issues, and concludes with a thesis outline.
Objectives
The limitation of the scope of the study to the criminal justice sector is justified and the method explained. The chapter begins with a presentation of the thesis' aims and research methodology.
Methodology
Other sources include reports and documentation from the academic institutions, development and humanitarian non-governmental organizations active in South Sudan. Past and ongoing investigations and documentation of PAD in South Sudan have mainly focused on the typology of the breach and the normative framework, including applicable laws related to human rights and access to justice.
The South Sudanese context
The role of the Government of South Sudan in allowing the practice through its direct and indirect actions and. After independence, the people and government of South Sudan embarked on the task of nation building to fulfill the aspirations of their people.
Problem statement and opportunity
PAD as a human rights concern
Since the outbreak of the civil war, the UN agencies and mission, Amnesty International and other human rights institutions and actors have published several reports expressing concern about the prevalence and frequency of PAD as a challenge to human rights and justice in South Africa. Sudan. 22 A UN Security Council report on violations and abuses of international human rights law and violations of international humanitarian law in the context of the fighting in Juba, South Sudan.
The three cardinal factors
And, given that there is still limited institutional drive and political will to enforce human rights as a critical component of the justice and law enforcement system in South Sudan, these human rights issues, including PAD, will continue.39. Finally, limitations on the availability of essential logistical and other resources for justice and law enforcement institutions to function effectively not only hinder the effective delivery of services, but also affect the human rights, safety and security of the people of South Sudan.
Structure of thesis
The impact of PAD on human rights and access to justice in South Sudan is examined, and the chapter includes an analysis of the socio-economic and socio-economic conditions of PAD. This chapter presents an overview and analysis of the history, geopolitics, socio-economic and legal context of South Sudan.
Colonialism, Independence and Civil War
The pre-independence civil wars and road to the independence of South Sudan….20
The independence of South Sudan was hailed around the world as a triumph of the oppressed over tyranny. 61 M J Blackings The case of South Sudan's agreement on the resolution of the conflict in South Sudan (2018) 13.
Geography, Population And Culture
The dualism of the legal system finds legality in South Sudan's transitional constitution. The role of the government of South Sudan in establishing and implementing justice and justice reforms.
The Development and Political Economic Context
The South Sudan Legal System
91 C Leanard 'The Politics of Customary Law Ascertainment in South Sudan' (2011) The Journal of Legal Pluralism and Unofficial Law 4. The interaction between customary and legal provisions in South Sudan is complementary and mutually reinforcing.
The Institutions Of Justice
The Judiciary of South Sudan
All decisions of the Court of Appeal are determined by majority decision and can be appealed to the Supreme Court. The High Court comes into existence by s 131(1) of the Transitional Constitution and s 14 of the Judiciary Act of South Sudan.
The Directorate of Public Prosecution
As with the High Court, the powers and jurisdiction of the County and Payam Courts are specified in the Civil Procedure and Criminal Procedure Acts.119 Such responsibilities include hearing criminal and civil cases within the counties of the state.120. The Directorate is headed by a Director who is accountable to the Minister and assumes the role of Chief Administrator with responsibility for ensuring the effective functioning of the unit and the performance of the functions for which it was established.127 The Bureau of the directorate of In each state, a public prosecutor's office has been established to enable the unit to carry out its core tasks.
Security and Law Enforcement Institutions
- The Sudan People’s Liberation Army (SPLA)
- The National Security Service
- The South Sudan National Police Service (SSNPS)
- The National Prison Service of South Sudan (NPSSS)
142 Amnesty International Denied Protection of the Law: National Security Service Detention in Juba, South Sudan (2016) 1. This left the SPLA to assume responsibility for enforcing the law in the south.
Current Contextual Challenges
The political turbulence of the civil war affected all aspects of life in South Sudan. Most of the policies adopted by the government of South Sudan are policies formulated by individuals in various ministries without any political guidance and direction.
Conclusion
The third chapter of the thesis defines and examines PAD through the framework of human rights in connection with the principles and standards of national, regional and international human rights laws. The section following the introduction provides a detailed analysis of the definition and concepts that make up PAD.
Definition and Analysis of Key Concepts of PAD
The right to the liberty and security of persons
Definition and characteristics of PAD
Another factor contributing to PAD in South Sudan is the extensive and unchecked powers of the security sector. 66 Search for Common Ground 'Baseline Evaluation of the "Facilitating Access to Justice in South Sudan".
Understanding Arbitrariness
Nature and Types of Arrest And Detention In South Sudan
Arrest by warrant
61 One of the main effects of the civil way in South Sudan is the division of the country into government and non-government controlled areas. These provisions of the South Sudan Criminal Procedure Act65 provide valuable instructions on how arrests should be carried out with and through warrants.66.
Arrest without warrant
Other legislation, such as section 51 of the National Security Service Act69, confers the power to arrest without a warrant. See also United States Department of Justice Civil Rights Division Investigation of the Ferguson Police Department (2015), available at.
Arbitrary detention
Compliance with the law refers to compliance with the standards, procedures and time frame established by the law.83 In the case of the African Union of Mebara v. Cameroon Communications84, the Commission decided that the suspension of the Conciliator for an extended period of seven and a half years in violation of defined by law, while the prosecution investigated the case against him, constituted the continuation of the measure of detention. Consequently, full application of the law and respect for the principles and standards of detention must be respected at all times to avoid arbitrariness.
The legal basis for detention in South Sudan
The civil war in South Sudan is perhaps the most pressing challenge limiting access to. The limited presence of these vital judicial and law enforcement institutions in most locations in the country directly affects the prevalence of PAD in South Sudan.
Contestations of Human Rights as a Universal Standards
Prevalence of PAD in South Sudan
UN Mission in South Sudan/Office of the High Commissioner for Human Rights.78
Human Rights Watch
The erosion of the rights to liberty and security of individuals in South Sudan is further exacerbated by the inability of judicial and law enforcement institutions to function. Another critical point in addressing PAD in South Sudan is the adoption of the rights-based approach to identifying and addressing significant challenges to justice and law enforcement.
Other Statistics on PAD in South Sudan
Conclusion
PAD represents a significant violation of the rights to liberty and security of person in South Sudan and has a direct impact on the trust and confidence the public has in the justice system. Finally, section four contextualizes the discussion of access to justice in South Sudan, with section five forming a brief conclusion to the chapter.
Definition of Access to Justice
Another aspect of access to justice that must be taken into account is related to access to judicial institutions. 14 Types of access to justice services will be discussed in subsequent sections of this chapter.
Preconditions of Access to Justice
Legal empowerment…
Awareness of the law and knowledge of procedures for seeking and accessing legal protection, particularly in response to PAD, is quite limited. Legal empowerment will also ensure that they are able to act on a wide range of issues relating to the law.
Legal aid and its relevance
- Types of legal aid
- Challenges and legal aid
Since independence in 2011, significant progress has been made in revitalizing the justice and law enforcement sector in South Sudan. This chapter examines the hypothesis of PAD as an inevitable component of the legal and law enforcement system and how it affects the delivery of legal services in South Sudan.
Affordability of justice
Physical access
Physical access to justice in this case implies the ability to physically access the judiciary and law enforcement institutions or through virtual means. 77 World Bank 'Increasing Access to Justice for Women, the Poor, and Those Living in Remote Areas: An Indonesian Case Study' in (2011) Justice for the Poor Briefing Note 6.I at 2.
Timeliness of justice
Furthermore, it has been noted that delays in the delivery of legal services have other consequences, such as deterioration of evidence and loss of witnesses. In the criminal justice system of South Sudan, delays in the judicial decision are epitomized by the massive backlog of cases in the judicial systems as well as the resulting overcrowding of the correctional facilities.
Access to justice in South Sudan
Due to the slow pace of implementation of the reforms and improvements in the justice and law enforcement sector, policies, action plans and. The other barrier to access to justice in South Sudan is one related to social, economic, geographic, structural and institutional factors that translate into a complex web of challenges that incur huge costs and unnecessary delays in the population accessing justice services. involves, involves.94 Besides this, There is evidence that limited awareness of the functionality of the justice and law enforcement system among the population of South Sudan affects the trust and confidence of the people.95 Also the limitation in awareness among the population.
Conclusion
All these issues and challenges plague the legal system and justice system in South Sudan, resulting in a great deal of mistrust and lack of confidence in the system. As highlighted in previous chapters, several questions arise when examining the factors contributing to PAD in South Sudan.
The Three Cardinal Factors
The geographical size and infrastructural limitations in South Sudan
The limited budgetary allocation to the criminal justice sector
The limited human rights knowledge and capacity of the institutions of justice
Other Factors Contributing to PAD in South Sudan
- Corruption in the justice sector
- Extensive and unchecked powers of the security sector
- Weak coordination of the justice and security sector
- Limited data, engagement and political will
Effective coordination of the justice sector is a challenge, especially in a sensitive and developing environment like South Sudan. The UN also recognizes that the lack of coordination is a key challenge to the effective functioning of the justice system in South Sudan.
Conclusion
This requires the Government of South Sudan to publicize and promote the human rights accountability of judicial and law enforcement institutions through capacity building of officials in the sector. As has been recognized in this thesis, a critical challenge in dealing with PAD in South Sudan is the limitation in the infrastructural capacity of justice and law enforcement.
PAD as a dilemma for the criminal justice system in South Sudan
PAD as an inevitable and undesirable component of the criminal justice system….141
Conflict and insecurity in South Sudan are also recognized as critical obstacles to justice and the provision of law enforcement services and factors that make PAD inevitable. USAID acknowledges that the impact of conflict and instability in South Sudan has contributed in part to the limited number of judicial and law enforcement deployments, estimated at only 120 in 2017 across the country.
The Impact of PAD
The impact of PAD on the individual
A coordinated approach should facilitate mutual accountability for PAD and create momentum for action among judicial and law enforcement institutions in South Sudan. The judicial and law enforcement institutions in South Sudan would do well to upgrade their systems from manual paper-based to the highly efficient and.
Impact of PAD on the rights and dignity of the individual
Impact of PAD on the States and Communities
Accountability for PAD
These reports are published periodically and highlight data and statistics on the nature and types of PAD and other human rights violations in South Sudan. Furthermore, the Government of South Sudan must take an active step to strengthen accountability mechanisms for PAD and other human rights violations.
Conclusion
The need for adequate logistical and financial resources for institutions in the justice and law enforcement sector in South Sudan is paramount in ensuring effective functionality and adequacy in addressing PAD. In addition, the creation and nurturing of networks and partnerships between justice and law enforcement institutions will promote synergy and complementarity in preventing and responding to PAD in South Sudan.
Prevention and Responsive Approach to Addressing PAD
Adapting the Human Rights-Based Approach
The approach also promotes the empowerment of the people of South Sudan (as rights holders) to make effective demands for services. Finally, the rights-based approach will enable the government to focus on the people of South Sudan who are marginalized and vulnerable within the context of development.
Proposed Measures in Addressing PAD in South Sudan
- Promoting a justice and security sector-wide approach to planning in South
- Effective budgeting and finance management
- Promoting coordination and inter-institutional collaboration in the justice
- Strengthening the functional capacity and awareness of the justice sector
- Increasing human rights awareness and practice among security and the
- Harnessing information technology for effective justice service deliver…
- The reform and implementation of laws and policies preventing PAD
Rather than addressing PAD in South Sudan, coordination should be a sustained and deliberate effort in the justice and law enforcement sector.”33 Finally, creating the necessary drive for coordination between the judicial and law enforcement agencies.
Engaging the Demand Side
Conclusion
