According to senior official with the United Nations Mission in South Sudan, Anees Ahmed, “Rule of law is the backbone of any democracy” (UNMISS).
Mr. Ahmed, a lawyer by training, uses the authority of the Rule of Law Section of the UN Peacekeeping mission to explain.
The Security Council has given us the mandate to save civilians, avert violence, promote human rights, and aid ongoing peace negotiations, he asserts.
“Strengthening the legal system is one of the most important things we can do to safeguard people. It’s really that easy; when people are aware that they have legal options open to them, they feel safer and more protected,” Mr. Ahmed continued.
“Peaceful conflict resolution between individuals and communities decreases conflict and leads to long-lasting peace,”
Mr. Ahmed contends that formal legal procedures are not always necessary for peaceful conflict resolution. Therefore, UNMISS makes use of the power of traditional leaders and local government institutions.
An effective illustration is the Joint Special Mobile Court (JSMC), which UNMISS has supported since 2020 in collaboration with the South Sudan Multi Partner Trust Fund for Reconciliation, Stabilization, and Resilience to address the ongoing tensions between established farmers and semi-nomadic cattle herders that frequently worsen into full-blown conflict that results in casualties and forced displacement.
“This system of mobile justice integrates the main formal judicial system with the traditional justice system, which is an important component of the overarching legal framework of South Sudan.
Such interventions must be noted here as being extraordinary and not often allowed by law, continues Mr. Ahmed.
During the seasonal movement of cattle, a fight frequently breaks out between the farmers of Western Bahr El Ghazal and the livestock keepers of Warrap in the bordering settlements of Warrap and Western Bahr El Ghazal.
The JSMC commenced activities in Gette till June 24 in an effort to prevent disruptions of peace and stability this year as livestock herders and their animals pass near to established farming communities and their croplands.
This third deployment of these mobile courts takes place just as the yearly migration is coming to a close.
The main objectives are to look into cross-border incidents that happened during the seasonal movement of cattle in 2022, to continue dealing with complaints that have already been filed during the second deployment of these temporary courts, and to make sure that the rulings from the first deployment are carried out.
Sam Korutaro Muhumure, the head of the UNMISS Field Office in Wau, expressed gratitude to the locals for hosting the JSMC and urged them to support all initiatives that strengthen and bolster the general rule of law.
“The people of Gette have graciously hosted the mobile court, and we are incredibly appreciative of our government partners for their assistance.
Our overarching goal is to ensure that everyone is treated fairly and has equal access to justice. According to Mr. Muhumure, this is the best approach to immunize communities against violence and impunity.
The Western Bahr El Ghazal state minister for local government, Ibrahim Suru, concurs.
According to Minister Suru, who also thanked UNMISS for its financial and technical support, “This joint special court has helped all communities feel safer; reduced criminality and fostered ownership as well as accountability and confidence among those who are affected by seasonal cattle migration.”
The Minister eloquently stated, “We can only create an enduring peace through justice.”
The mobile court won praise from both communities and authorities as it successfully completed the third iteration of its deployment.
The court looked into more than 30 cases while it was in session. Along with such accomplishments, it also tried a case involving sexual and gender-based assault and tried the first suspect ever turned over to a mobile court.
The latter in particular sent a clear message to communities that sexual violence against women and girls, including rape, is unacceptable.
Anei Arop Agany, the state’s minister for local government, concluded by reiterating the value of local courts at the community level in resolving cross-border disputes.
Communities need neighborhood courts that cooperate to oversee borders and their unique problems. I’m encouraged that Western Bahr El Ghazal residents have accepted herders in peace, and most cattle owners have respected and maintained this harmony, he says.
An analogous mobile court that was previously stationed in Western Bahr El Ghazal in 2021 heard more than 1,400 complaints, carried out more than 100 investigations, and tried 24 cases involving disagreements between farmers and cattle keepers.