BRIEFING June 2019 Peace and stability in South Sudan: Challenges and recommendations A cattle keeper guards his cattle with an AK-47 Introduction ©Pete Muller/Saferworld Following the outbreak of civil war in South Sudan addressing peace challenges,2 held between July 2017 in December 2013, few people believed that the war and February 2019 in Aweil, Bor, Juba, Rumbek, Tonj, would continue until today. The signing of the peace Torit, Wau and Yambio. The events brought together agreement in August 2015 did not halt the war and, state-level and local authorities,3 heads of organised when renewed violence flared up in Juba in July 2016, forces (military, police and national security), United conflict quickly spread to previously peaceful parts Nations (UN) agencies, national and international of the country. The conflict has caused untold human non-governmental organisations (NGOs), community- suffering, destruction of property and livelihoods, based organisations, community members, religious massive displacement of people, and an increased leaders, and youth and women leaders. The findings number of armed groups. It has also exacerbated the and recommendations outlined in this briefing polarisation of South Sudanese society along ethnic are intended to reflect these discussions and the and tribal lines. The economy has almost collapsed, perspectives of the participants on potential ways resulting in high inflation, inadequate basic service forward for improving peace and stability in South delivery, unemployment, high levels of gender-based Sudan.4 violence and increased criminality. Cattle raiding and land disputes between pastoralists and farmers are also causes of conflict in many parts of the country. Safety and security However, concerted efforts at reconciliation have In this briefing, is defined as the protection been made in some areas over the past few years. security of people and their assets from violence or theft. It For instance, in Yambio, religious institutions have relates to potential harm caused by actions that are engaged communities – including armed youth – in either intended to harm specific people or groups, dialogues, peace conferences and trust-building or which indirectly cause harm to other people or between the state government and those who joined groups. is connected to but is broader than the rebellion, encouraging the latter to pursue Safety security. Safety is defined as the protection of people peaceful solutions to their grievances. from harm. Such harm may arise as a consequence This briefing presents the main peace and safety of insecurity but also from accidents, fire, flood, concerns raised during eight state-level1 roundtable disease or other causes including threats posed by the discussions on strengthening community safety and environment or animals.5 2 Key safety and security challenges The following safety and security concerns were military personnel moving around town. Although identified at the roundtable meetings by communities, commanders of the South Sudan People Defence civil society and other participants, alongside a set Forces (known as the Sudan People’s Liberation Army of recommendations for national, state and local until October 2018) cited the state of emergency that government and civil society. is in place in the area as the reason for soldiers’ armed presence in town, it was clear that communities still see this as a threat to their safety and security. Ineffective law enforcement and justice delivery at state and local levels The inadequate capacity of the justice system was also seen to contribute to communal conflict and revenge killings across South Sudan. The limited South Sudan is facing number of judges assigned to states and counties This was challenges related to the causes backlogs and delays in local and magistrate highlighted as a discipline, behaviour and courts adjudicating cases, as seen for instance in the key concern in: lack of well-trained law regional courts in Wau and Rumbek. Communities in Aweil enforcement personnel at Aweil highlighted the great distances they need to all levels, and particularly at travel to access these courts. Bor the local level. Police services Rumbek were deemed inadequate and In addition, a culture of impunity seems to be Tonj unable to deliver security and prevailing, which is perpetuated by some political Torit justice, particularly to rural leaders and military commanders, as well as political populations. Participants interference in local courts. Other factors identified Wau stated that many officers by participants in the roundtable discussions as Yambio in the organised forces, contributing to the vicious cycles of violence are including police, wildlife, fire unequal application of the law towards family brigade and prison services, are former combatants members and friends of high-ranking and influential who were assigned to these services after the signing individuals, and corruption in the administration of the Comprehensive Peace Agreement in 2005, of policing and justice. Community members who without undergoing proper screening or training. perceive that they have received an unfair judgement Community members raised concerns about law in their case or believe that they have been denied enforcement personnel’s behaviour and handling of their rights through interference by influential people civil cases, and repeatedly highlighted their lack of in court processes were reported to have taken the law trust in security providers. For instance, in Aweil, Torit into their own hands. This culture of impunity poses a and Wau, community members reported arbitrary potent threat to social cohesion. arrests and detention for long periods without trial. Finally, roundtable participants highlighted a lack of Security services are also perceived by communities clarity and understanding of the distinction between to respond slowly to emergencies and active violent the jurisdictions of statutory and traditional/ conflicts across the country. In Tonj, police have customary courts. Since the enactment of the been seen to side with their communities when they Local Government Act in 2009, the roles of formal are involved in conflict with other communities, and institutions such as the police and the judiciary have are vulnerable to bribes. They also have inadequate overlapped with some key functions of the customary means of transport. These factors fuel conflict between court systems, leading to ineffective dispute communities and deepen mistrust between the resolution and even violent confrontation when one police and communities. party feels that they have been denied justice. Lack of clarity between formal and customary courts was cited The creation of more states, counties, payams and as one of the reasons chiefs and traditional leaders bomas (administrative divisions at the local level) were unable to deliver justice and handle cases in has put pressure on the already overstretched law the way they used to prior to the enactment of the enforcement agencies and their ability to deploy Local Government Act. Traditional chiefs felt that their officers to new administrative units. According to authority and powers to adjudicate cases had been the law enforcement agencies, logistical challenges, hijacked by politicians, police and courts, and that limited communications equipment, scarcity of the overlapping roles have rendered the traditional vehicles and fuel for police patrols, and low morale justice system ineffective in preventing conflict among among police officers hinder their ability to effectively communities. This in turn was seen to cause an meet community security needs. increase in the number of revenge attacks and to have Participants reported that in Wau town, continued exacerbated violent conflicts across the country. movement of soldiers with heavy weapons and guns has created fear and undermined trust in the military. Civilians are uncomfortable with armed 3 Roundtable participants also highlighted that in Recommendations to state and local governments: some communities, harmful gender norms limit women and girls’ access to justice; victims of gender- n State ministries and local government should ensure based violence (GBV) can be forced to marry their that traditional chiefs exercise their roles without perpetrators, which denies the women and girls their interference from influential people, and that the right to pursue justice. chiefs dispense justice in accordance with human rights standards, particularly for women and girls. Recommendations to national government: n State ministries and local government should clearly define the roles of chiefs and traditional leaders in line with the 2009 Local Government n Clarify the jurisdictions of customary and Act. statutory justice mechanisms and clearly n State ministries and local government should delineate the mandates of traditional/ support chiefs and traditional leaders to handle customary and statutory courts. customary cases, including through training on the n The National Ministry of Justice and legal framework at the county and payam levels. Constitutional Affairs should clearly define n Conduct civic education to create awareness roles and responsibilities of customary among communities on existing laws. courts, formal courts, the police and criminal investigation departments to avoid overlaps. Recommendations to civil society: n The Ministry of Interior and the Ministry of Justice and Constitutional Affairs should n Raise awareness among