Justice officials debate customary and statutory laws

2 Aug 2013

Justice officials debate customary and statutory laws

31 July 2013 - Seeking to enhance the capacity of justice officials in Northern Bahr El-Ghazal, UNMISS organized a one-day rule of law forum in the state capital Aweil today.

The forum, which will be held every month, discussed differences in jurisdiction of customary and statutory laws.

"Customary Courts should (handle) civil cases, mediation, reconciliation and compensation, (but) not detention," said UNMISS Human Rights Officer David Tundo.

Forum Chairperson Justice Joseph Marko noted that customary courts could only deal with criminal cases referred to them by statutory courts, and detention only when executing decisions of statutory courts.

"Local chiefs should not be blamed, they do not know (the) Local Government Act (LGA) – and this has to be disseminated," said Mr. Marko, who is also the state Director of Legal Administration and Public Prosecution. "Furthermore, a practical approach must be adopted in counties that do not have statutory courts and judges.''

The forum recommended more legal awareness-raising and distribution of statutory laws among traditional chiefs, as well as harmonization of customary laws. It also advised a review of laws like the Wath-Alel Dinka Bahr El- Ghazal customary laws of 1983.

State Minister of Local Government Lino Adup Acher said the state council of ministers had recently passed a bill establishing a Council of Traditional Authorities to address issues regarding customary law.

He urged UNMISS to organize meetings with customary chiefs at all levels to help strengthen their justice capabilities.

The forum also discussed adultery and rape, with women representatives raisingconcerns about customary courts favouring men over women.

"In the Wath-Alel laws ... I (do) not see the right of the women (reflected)," said Madina Mohamed Hamid, acting Director of Gender in the Ministry of Social Welfare. "If we talk about adultery, many people blame women ... (yet) the men are also guilty."