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Posts Tagged ‘customary law’

Taxonomy results for: customary law

Traditional Justice Methods and Their Possible Impact on Transitional Justice Models in South Sudan

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This paper discusses the legal framework of the traditional justice methods in several African countries, with a focus on South Sudan; the objective of customary law, the role of traditional courts or the forum of elders, and the methods of settlement of disputes. These methods of settlement of disputes are by-products of the practices, customs…

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Dividing Communities in South Sudan and Northern Uganda

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This report explores the underlying factors of land disputes and boundary conflicts; by shifting away from the national legislation and policy, it looks at changing land values, patterns of decentralisation and local hybrid ssystems of land governance as explaining factors.

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A Strategy for Achieving Gender Equality in South Sudan

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This study seeks to examine how structural factors, customary laws and traditional practices, and economic hardships shape women’s status and hinder their effective participation in leadership positions in South Sudan. By doing so, the study identifies some of the socio-cultural, economic, legal, educational and political conditions, which lead to gender inequality in South Sudan. It…

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Land tenure reform for food security in South Sudan

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This briefing paper from 2013 demonstrates the different challenges that land access, use, and management systems present to food security throughout the country. Although ongoing food insecurity is driven by a number of interdependent factors, interventions in agricultural production and dispute resolution at the policy and project levels have largely ignored the fundamental challenges posed…

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Challenges of Accountability: An Assessment of Dispute Resolution Processes in Rural South Sudan

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This report presents findings from an assessment that the South Sudan Law Society (SSLS) conducted on the accessibility of local justice systems across six rural counties of South Sudan. The assessment included a comprehensive household survey that examined the legal needs of populations residing in the six counties and the legal services that are available…

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Customary law and land rights in South Sudan

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Customary ownership and control of land is an essential component of any consideration of land tenure and access in South Sudan and Africa in general. Customary traditions of land tenure emphasize moderate use, restoration, and community health and prosperity. Returnees to South Sudan access land primarily through the customary system. Yet, many returnees are subjected…

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Customary Law in the Cross-Fire of Sudan’s War of Identities

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This book chapter [in Isser, D. (Ed.). (2011). Customary justice and the rule of law in war-torn societies. US Institute of Peace Press] reviews the meaning and functioning of customary law in the cultural/historical context of South Sudan, by analyzing the fundamental and traditional values that underlie it. Download

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Combatting Gender-Based Violence in the customary Courts of South Sudan

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This report  (2011) summarizes the approach, methodology, results and recommendations of a recent study on the administration of justice for GBV cases in the customary courts of South Sudan. The study is not an attempt to document customary laws or an anthropological study on culture, but instead captures actual results and punishments for GBV, documents…

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Post-War Development and the Land Question in South Sudan

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This paper from 2008 looks at the “Land Question” and some aspects of the policy and institutional challenges with reference to emerging land issues in South Sudan. The paper provides a brief overview of the background to the past civil war with reference to its natural resource dimension before discussing the post-CPA situation regarding the…

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Equal Access to Justice in Southern Sudan

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This study aims to contribute to establishing a secure foundation for the judicial system through an analysis of the functioning of the courts and the legal aid system in 2007 two years after the signing of the CPA. It observes and maps the current functioning of the judicial system, to understand the role of every…

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CSRF SOUTH SUDAN