Where’s the justice? South Sudanese suffer amid patchy rule of law

Thousands of civilians are dying at the hands of the rebel groups, cattle raiders, political activists and community fighters, but the government has failed to carry out adequate investigations into the killings. South Sudan urgently needs its laws to be enforced.

Serious inter-community conflicts continue in Jonglei State, clashes which have claimed thousands of lives since the declaration of South Sudan’s independence on July 9, 2011.

The historical grievances continue to overshadow relations between communities and individuals. Worse still, ongoing aggression and incidents in Wau, Yei, Jonglei, Rumbek and inter-community clashes in Pibor are rarely investigated by police.

Widespread impunity has left people’s sense of security in tatters. There is a pressing need to investigate aggressors and corrupt officials.
 
South Sudanese authorities failed to get to the bottom of the killing of peaceful protesters in December 2012 by government security forces in Western Bhar El-Ghazel State. Suspects arrested during the demonstrations were held without charge for months on end.

The government pledged to root out the police who confronted the peaceful protesters with firearms and hold them accountable, but this has not happened. Instead the government is delaying trials of the suspects and has failed to investigate security forces involved in the killings of the protesters.


Reflecting shrinking media freedoms, at least seven journalists were also detained, some for more than two weeks, before being released without charge. Under South Sudanese law, detainees are to be charged or released within 24 hours.

Decisions to pardon war criminals, law breakers, corrupt officials, and enemies of peace in South Sudan are unlawful -- but happen. Bena Mark, Project manager at the non-governmental organisation Voice for Change called for justice in South Sudan. It is unacceptable to see that those involved in crimes against humanity are freed,” she said.

Pro-government activists argue that freeing war criminals is a sign of the society moving on and embracing peace. Meanwhile, other South Sudanese hope that their young country gets a more rigorous justice system -- and soon.