Public International Law & Policy Group’s Post

I am deeply honoured to have authored this report "Some Level of Peace: Addressing Intercommunal Violence Through Customary Justice in South Sudan". The report details the potential that customary and informal justice systems may have to complement a national-level transitional justice process in contexts such as South Sudan. Customary and informal justice is understood to be a key element of a people-centered approach to building peaceful, just, and inclusive societies. In South Sudan, it remains the primary way most communities resolve disputes.  The report acknoweldges that when it comes to addressing widespread human rights violations, customary justice faces various challenges due to the complexity of intercommunal violence and the lack of a clearly defined role. Further, it highlights how South Sudan’s transitional justice framework set up by the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) can provide hybridity of opportunities to incorporate customary justice in a way that offers clarity, support, and guidance for both government and customary justice actors. Additionally, the report argues that customary justice can potentially play an important role in resolving disputes and repairing relationships, including through practices of acknowledgment, compensation, and accountability 🔍 Dive into the report published with support from Cordaid to learn more about possibilities to strengthen justice in South Sudan and address the justice needs of communities in meaningful ways. https://lnkd.in/eK8aPYEg

International Center for Transitional Justice (ICTJ) new report examines the role of customary justice plays in addressing massive human rights violations in South Sudan. Customary justice has long been the primary way in which most communities in the country resolve disputes, given its accessibility as well as the inadequate capacity of state judicial institutions. Its limitations, however, include issues of security, gender discrimination, and politicization. Customary justice was not intended to deal with the more extreme elements of intercommunal conflict, but in practice it often does, including by incorporating elements of accountability, compensation, and acknowledgment. Customary justice can play a role in resolving disputes and repairing relationships in South Sudan in the context of intense violence and serious violations. In such contexts, however, customary justice faces additional or more intensified challenges than it does in ordinary circumstances, including challenges related to the power imbalance between traditional authorities and armed youth, militarization of violence and the role of security sector actors, and the limited capacity of customary justice actors to enforce decisions. Overall, there is a level of complexity to the violence and a lack of clarity on customary justice’s proper role that limits its value. The report suggests that the transitional justice framework set up by the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan provides opportunities to develop a hybrid approach that uses both formal and customary justice; takes into account the complexity of the violence; and offers clarity, support, and guidance for both government and customary justice actors. This potential is especially clear with regard to the Commission for Truth, Reconciliation and Healing (CTRH), which is tasked with supervising customary justice processes in facilitating truth, reconciliation, healing, and reparation. The report concludes with recommendations for the CTRH and other stakeholders to address these challenges, take advantage of opportunities, and adapt customary justice in a victim-centered manner in the context of complex intercommunal violence. Read more: https://lnkd.in/eQQe9ckE

💡 The debate on the emoluments of deputies in the DRC is crucial for transparent and responsible governance. Finding a balance with “Fatshimetry” is essential to meet the expectations of the people while recognizing the work of elected officials. 🌍🇨🇩 #DRC #TransparentGovernance #PoliticalDebate

Earlier this week, South Sudan's President Salva Kiir ratified two transitional justice laws aimed at addressing the crimes committed during the country’s brutal conflict since 2013. We welcome the signing into law of the Commission for Truth, Reconciliation, and Healing and the Compensation and Reparation Authority bills, as it paves the way for advancing transitional justice in South Sudan. It represents an important step as the State recognises its obligations to address the rights of survivors of conflict-related sexual violence. However, the laws fail to address important concerns: - Lack of definition: The laws do not provide a definition of conflict-related sexual violence; - No financial or material compensation: They do not allow for financial or material compensation; - Exclusion of children born of conflict-related sexual violence: The laws fail to explicitly include these children. GSF and partners encourage the unity government to include survivors as active participants in the implementation of these laws to ensure adequate, effective, and prompt reparations. Mariana Goetz Rights for Peace Jackline Nasiwa

Dive into 'The 50% Justice Challenge and its Response' by Sam Muller, HiiL's founder and CEO, and Theresa Smout, our Programme Director for Kenya, Uganda, Nigeria, and Ethiopia. Following the Commonwealth Law Ministers Meeting, Sam and Theresa discuss solutions to the universally acknowledged need for justice system reform in order to close the justice gap. A must-read for Judiciary and Ministries of Justice professionals seeking routes to impactful change: https://lnkd.in/eeGgxXFM #JusticeReform #PeopleCenteredJustice #JusticeSolutions

The debate on the reestablishment of the death penalty in Burkina Faso is causing reactions 🤔 On the one hand, deterrence of criminals, on the other, risks of miscarriages of justice and violations of fundamental rights 🚨 A complex subject that underlines the importance of an open and informed dialogue 🗣️💬 #Justice #HumanRights #Reflection

Curious about the role of local government in supporting the community? Let's take a closer look at Chapter 7 of the South African Constitution. Chapter 7 defines the role and responsibilities of local governments, allowing them to make decisions and laws (by-laws) for their municipal areas, provided they align with the Constitution, acts of parliament, and provincial ordinances. Today, we’re highlighting Chapter 7, Section 152 of the Constitution, which outlines the Objects of Local Government 🏛️: 1. Provide democratic and accountable governance for local communities. 2. Ensure the provision of services to communities in a sustainable manner. 3. Promote social and economic development. 4. Promote a safe and healthy environment. 5. Encourage community involvement and engagement in local government matters. Understanding these principles helps us appreciate the vital role local governments play in our daily lives and the development of our communities. Found this interesting? Follow VZLR for more! #HelpingOthers #VZLR #SpreadKindness #MakeADifference #VZLRAttorneys #LocalGovernment #CommunitySupport #Constitution #VZLR #MakingADifference #Values #HelpingOthers #Law #PositiveChange #GlobalImpact

Transitional justice refers to the set of judicial and non-judicial measures implemented to redress legacies of human rights abuses. These measures include: Criminal Prosecutions, Truth Commissions, Reparations Programs Institutional Reforms and Memory Initiatives. however Human security on the other hand shifts the focus from traditional, state-centric notions of security to the protection of individuals. It emphasizes:Freedom from Fear, Freedom from Want and Dignity and Rights. Transitional Justice and Human Security interplay through: 1.Establishing Rule of Law Transitional 2. Restoring Trust 3. Preventing Recurrence 4. Addressing Victims' Needs Challenges Balancing Justice and Peace In some cases, there is tension between the need for justice and the need for peace. For instance, pursuing criminal prosecutions might destabilize a fragile peace process which includes:Resource Constraints, Political Will and Local vs. International Approaches Case Studies Rwanda After the 1994 genocide, Rwanda implemented a combination of international and local justice mechanisms, including the International Criminal Tribunal for Rwanda (ICTR) and traditional Gacaca courts. These efforts contributed to both justice and human security, though there were criticisms regarding fairness and effectiveness. South Africa The Truth and Reconciliation Commission (TRC) in South Africa focused on truth-telling and reparations rather than prosecutions. This approach helped to foster reconciliation and social cohesion, contributing to long-term human security, though it left some issues of justice unaddressed. Bosnia and Herzegovina Post-conflict Bosnia faced significant challenges in implementing transitional justice due to ethnic divisions. Efforts included the International Criminal Tribunal for the former Yugoslavia (ICTY) and domestic war crimes courts. The process contributed to some degree of justice and security, but ethnic tensions and political instability remain. Conclusion Transitional justice and human security are deeply interconnected in post-conflict societies. Effective transitional justice mechanisms can significantly contribute to human security by addressing the root causes of conflict, ensuring accountability, and fostering reconciliation. However, the implementation of these mechanisms faces numerous challenges that require careful balancing of justice, peace, and practical constraints. Each post-conflict context demands a tailored approach that considers local realities and involves active participation from all stakeholders to achieve sustainable peace and security. Michael dadju Flomo ✍️✍️

"Some politicians aim to rubbish the Constitution and to discredit the Judiciary. Sometimes their criticism at face value (for the reasons above) even has a point. But their objective is not to achieve greater justice for the poor. Rather, they aim to remove the impediments of the law so that well-organised criminal syndicates, which took hold under the Zuma government, can function uninhibited. Their aim is to disable barriers to looting. This overt political agenda is dangerous but it can be identified and countered." "More dangerous are the lawyers, including some advocates, who seek to propel that agenda. Some are skilled liars, dissemblers, manipulators and propagandists. They employ the implements of legal practice to bedevil and confuse and dismay". This is an extract of a speech by former South African Constitutional Court Justice Edwin Cameron on the weaponisation of the law for political ends. These words ring true even in Zambia. I hope the Law Association of Zambia looks into this to preserve the integrity of the legal profession and the judiciary in Zambia.

Addressing banditry in Taraba State requires a multi-faceted approach, as the region has experienced escalating violence due to complex socio-political issues, ethnic tensions, and inadequate security presence. Here are some potential strategies to tackle the problem: 1. Strengthening Security: - Increase the deployment of security personnel, including police and military, to areas heavily affected by banditry. - Establish more checkpoints and surveillance systems to track movements of bandits and disrupt their operations. - Improve collaboration between federal and state security agencies, including intelligence sharing and joint operations. 2. Community Involvement and Vigilante Groups: - Encourage the formation of community policing or local vigilante groups, while providing them with training and resources to operate within the law. - Foster cooperation between security forces and local communities for better intelligence gathering and quicker response to banditry incidents. 3. Addressing Root Causes: - Many incidents of banditry in Taraba are linked to poverty, unemployment, and lack of opportunities. Investing in education, job creation, and economic empowerment programs for youth would reduce the pool of potential recruits for bandit groups. - Addressing land and resource conflicts between ethnic groups, particularly farmers and herders, is essential in reducing tensions that often lead to violence. 4. Negotiation and Dialogue: - Initiate dialogues between government officials, local leaders, and even bandit groups (where feasible) to negotiate peace agreements and amnesty programs. - Involve religious and traditional leaders in mediation efforts to address grievances and build long-term peace. 5. Improving Infrastructure and Services: - Banditry thrives in remote areas where the presence of government and security forces is limited. Developing infrastructure like roads, communication networks, and healthcare in rural areas will enhance security operations and improve community resilience. 6. Legal and Judicial Reforms: - Strengthen the judicial system to ensure that bandits and their collaborators are prosecuted swiftly and justly. - Address corruption and inefficiencies in the security apparatus, ensuring accountability for those who may be complicit or negligent. 7. Rehabilitation and Reintegration: - Provide opportunities for bandits willing to surrender to reintegrate into society through vocational training, education, and rehabilitation programs. This can reduce the incentive to return to criminal activities. These strategies, when combined with strong political will and a clear roadmap for peace and development, could significantly curb banditry and restore peace in Taraba State.