Chiefs of Greater Tonj pledge improved rule of law when traditional and modern laws are better aligned
WARRAP—In Tonj North and Tonj South, more than 60 traditional court actors recently took part in a pivotal training on ways to modernize customary laws and integrate them with the formal justice system to better protect the rights of women, children and other vulnerable community members.
The event featured passionate discussions and thoughtful reflections, highlighting a collective determination to push through meaningful changes when it comes to how laws in Warrap State are enforced.
The workshop was organized by the United Nations Mission in South Sudan (UNMISS) and the United Nations Development Programme (UNDP), in collaboration with the Warrap State Ministry of Local Government and Law Enforcement.
With funding from the South Sudan Multi-Partner Trust Fund for Reconciliation, Stabilization, and Resilience (RSRTF), the initiative aims to clarify the role of customary law courts and to integrate human rights principles and local practices into national legal frameworks.
Paramount Chief Nyiin Athuai from Tonj South asserted the importance of everyone playing their parts to uphold the rule of law, starting at home.
“Creating a peaceful and just society begins in your own household, where we must prioritize the respect for women and take a strong stance against child marriages.”
Traditional leaders learnt about human rights and how to refer different kind of cases to the correct court structures.
The latter topic is in fact a long-standing issue, with disputes and allegations of serious crimes having often been tried and settled at the wrong level, by justice officials not mandated to hear a particular type of case.
“Before this training, we chiefs tried every case that came to us, from minor land disputes to serious offenses like murder. Now, we understand which cases should be handled by statutory judges and which are ours to resolve,” said a relieved Ramadan Marajan, a Paramount Chief representing the Bongo community.
Chief Marajan also made a salient point on cultural differences, and the need for the most significant ones to be reflected in customary laws.
“The compensation systems in different communities vary. For the Dinka ethnic group, cattle are used for compensation, but for us, the Bongo, honey is the appropriate currency,” he exemplified, adding that this and other facts must be included when future legal revisions are undertaken.
Participants, including Chief Court Clerk John Chan, highlighted the logistical challenges involved in administering justice in often remote, rural areas.
“We work under trees and must swiftly protect critical documents when it rains or becomes too windy,” he said, adding that new infrastructure for the rehabilitation of juvenile offenders is needed to avoid them being imprisoned together with adults.
The event, which laid the groundwork for an upcoming law validation workshop in Wanhalel, resulted in several critical commitments and the crafting of actionable plans to make further tweaks to the legal frameworks involved.