Back from several weeks of rest, I will try to restart slowly this threat. Before jumping in the dark waters of the electoral process in South Sudan and its war potential, I will just have a comment on the problematic of justice in State Building.
’Calm’ returns to Jonglei’s Twic East after sectional fighting
Hand axes, spears and other metal weapons claimed lives and caused injuries in the Wangulei clashes. Guns were not used on Thursday or the death toll could have been different, witnesses say, crediting government disarmament efforts with residents of Twic East and neighboring counties ending last month.
Both Dacuek and Ayual are contesting ownership of Wangulei Payam center and cattle camps in the Toch (wetland between the River Nile tributaries) west of Nyuak. The case, which had never before caused inter-sectional clashes, was brought before the county authority and a seven-judge committee was formed to deal with it. According to officials, the jury declared that three cattle camps in the Toch belong to Dacuek while the payam headquarters at Wangulei is government-owned. There are more than 3 cattle camps in the Toch. This means that the two sections could share the dry season grazing land as usual as well as the Payam center.
Ayual disputed the court’s verdict and decided to appeal. Then, in an incident that is said to have sparked the fighting, a dancing Dacuek youth started caning an Ayual woman at the Payam center on Thursday and subsequently confronted anyone siding with her, according to attendants of victims of the clashes being nursed here in Bor.
An account from Dacuek side is totally reversed: it claims that Ayual attacked the Dacuek on Thursday evening when they were dancing in Wangulei. Those who talked to the Sudan Tribune from Ayual explained that the court’s decision giving Dacuek three cattle camps of Guar, Pathoor and Pakat is unacceptable. As for Wangulei, Ayual say the government’s ownership should not prevent them from exercising traditional land rights. Ayual strongly denied igniting the clashes that killed three people from their side. A fourth man, also from Ayual, was killed 2 days before the inter-sectional feuding and relatives say his death is related to the latest fight.
http://www.sudantribune.com/spip.php?article34142
This brief article shows quite well how it’s difficult to implement justice in a new “built from scratch” country.
What we have to really get is that justice is not really what people are looking for and at when we talk about justice in state building. In that particular case, the problem lies on who will access cattle camps. The justice decision is a matter of life and death for the people who are concerned. It seems a little disproportionate when you think about it: we are talking about cows…
But this is probably one of the reasons implementing justice becomes so complicate (even before going to the problematic of rule of law and social contract…). What are seen as simple, easy cases for us are in deed explosive issue. A little like every time a cop issues a ticket you end up with a gun fight. One of the main problematic is the concept of independent justice. In most of the State Building manuals, it is recommended to go for traditional justice. His does have good points:
1) the justice apparatus is recognized by everybody
2) the justice apparatus and the judges reflects the society
3) justice is provided through a common and shared base
But it does have bad points:
1) it is not an “impartial” justice based on legal texts. Then you end up with too classical modern/traditional justice opposition
2) judges are not always competent and justice is some times (most of the time in fact) resumed to corruption or formal like immediate justice
3) there are no inter communities formal judicial process
I do not have the solution for this, but one of the many mistakes I have seen and am witnessing is to give judicial authority to traditional authorities without even taking time to train them, knowing which judicial system is being empowered and judges’ limits of competencies.
The other problematic that this case is clearly the State capacity to impose inter ethnic justice decision. Training police and building up police capacities always seems to be the last wheel of the car. In South Sudan, most of the policemen are “old” or “incapable” former military guys. The first real training I have seen took place few months ago, 4 years after the peace agreement was signed. And that is may be where the problem lies.
State building aim to build a civil owned State but basically the civil capacity of “states to be” is built as the last resource or last solution. For 4 years SPLA stand (and keep on standing) on the position that police is not a military activity. The rational behind is 100% right but what I do not get is why the international community did not put more efforts on building the police capacities. In resume, why spend so much time and efforts to build rule of law if there are no efforts being put on building law enforcement capacity?

And one good news (for once) :
One ICRC hostage is free
For humanitarian reasons...
But one is still keept in captivity!

For all the soft rebel with a cause: keep on fighting men!