Supporting Institutional Access to Justice in South Sudan
Article 122(4) and (5), and Article 124(4) and (7) of the Transitional Constitution of South Sudan (TCSS) recognise the important role of the South Sudan Judiciary in the administration of justice in the country. Furthermore, the roles and jurisdiction of the South Sudan High Courts and County Courts have been particularly acknowledged in the 2008 Judiciary Act, 2008 Judicial Service Council Act, 2007 Civil Procedures Act, and the 2008 Code of Criminal Procedures Act.
This integral function of the Judiciary takes on even more importance following the conclusion of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) in 2018, which aims to conclusively end the conflict which erupted in South Sudan in December 2013. While the R-ARCSS provides for the establishment of a number of transitional justice institutions to address the violations which occurred within the framework of the conflict, the conflict additionally exacerbated inter-community and inter-personal violence, the impact of which will invariably be adjudicated before the country’s statutory courts, beginning with the County and the High Courts.
In cooperation with the Judiciary of South Sudan and with the generous financial support of the German Federal Foreign Office, the Foundation is implementing a project to strengthen the institutional access to justice capabilities of the courts of South Sudan, with particular focus on the lower courts. Access to justice in this regard aims to support sustainable peace through the provision of peaceful dispute-resolution alternatives to the citizens of the country. Consequently, this project aims to provide capacity building to the justice system, as well as awareness raising among its members in the area of access to justice. The Foundation anticipates that this project shall build a better understanding within the Judiciary – particularly among the level of first and second instance judges – of their roles in ensuring access to justice for the citizenry of the country.
1 January 2019 – 31 December 2020
- Supreme Court of South Sudan