Background

The prolonged civil war in the Sudan, which ended with the signing of the Comprehensive Peace Agreement (CPA) between the Government of Sudan (GoS) and the Sudan People’s Liberation Movement/Army (SPLM/A) called for the establishment of new laws as the cornerstones for lasting peace, unity and democracy. In spite of the establishment of key institutions of governance and pronouncements on constitutional rights, the Government of Southern Sudan (GoSS) faces numerous challenges in the areas of access to justice and rule of law.

In Southern Sudan, the transition from military rule to a governance system, based on the rule of law, is encumbered by capacity deficits in legislative, judiciary and law-enforcement institutions, as well as in traditional authorities, in promoting the rule of law and facilitating efficient, equitable, and accessible justice systems. The physical infrastructure and operational equipment of most institutions have been badly maintained and in some cases are non-existent, and there is a dearth of adequately trained judges, lawyers, police and prison staff. Traditional leaders, responsible for addressing disputes through the use of customary mechanisms, lack knowledge on the newly established transitional legal framework and how customary law relates to the CPA and other statutory laws.

These institutional and operational gaps are compounded by a considerable lack of legal knowledge, both substantive and procedural, amongst the general population. This is exacerbated by limited civil society and community-based organizations to address the training and advocacy needs of the populace. The formal mechanisms to address criminal behaviour and human rights violations are inadequate for addressing the current post-conflict environment.

Objectives
The project's objectives are to create rights awareness at community levels, advocate for the promotion and respect of the transitional legal framework, and provide support to the Southern Sudan Human Rights Commission to build its staff capacity for protecting people's rights and linking with community-based rule of law activities

Snapshots of the project's major achievements
• The Access to Justice team undertook CPA dissemination activities this year through 14 Community Based Organizations (CBOs) throughout Southern Sudan - that resulted in the distribution of over 1220 CPA booklets, CPA summary booklets, INCS, ICSS, and T-Shirts with messages on the promotion of equality, tolerance and peace. Dissemination was carried out through public forums, creative arts activities, distributing access to justice resources, and a series of trainings and workshops.
• During the reporting period, over 2709 participants (individuals, traditional leaders, civil society organizations, NGOs and CBOs, and Rule of Law Institutions) were supported through institutional capacity development and technical support for government institutions; capacity development support for civic society and traditional leaders on issues of rule of law, particularly on promotion of access to justice and human rights, was conducted through workshops and trainings.
• In Jonglei State, over 178 participants (community and church leaders and women’s groups) were trained on the CPA and access to justice awareness.
• Over 30 participants (traditional chiefs, women’s groups, youth associations and the Jonglei State legislative assembly) were supported through capacity building on conflict resolution, peace building, restorative justice and advocacy in intensive training workshops.
• In Lakes State over 30 participants (government officials, CBOs/NGOs representatives and women’s groups) were trained on various access to justice initiatives.
• In Northern Bahr el Ghazal, approximately 593 participants (policy makers and leaders from ministries, law enforcement institutions and military forces, representatives of the State, members of the state legislative assembly and prospective candidates in the Police Service) were provided with technical support through trainings and advocacy sessions.
• In Unity State an estimated 1214 people (Police and Prisons Officers, community members, youth groups, and secondary school students) were trained on various issues regarding rule of law and access to justice through dissemination of various rights acts and a series of trainings and workshops.
• In Upper Nile State, jointly with rule of law institution heads and other technical assistance partners, the Project Team in Malakal conducted 19 bi-weekly radio programmes on rule of law, civic education and access to justice, with a particular focus on women’s rights, child rights, returnee rights and the recently passed Elections Act. Similar activities were carried out in Bentiu and Yei.
• In Western Bahr el Ghazal, UNDP conducted workshops on Human Rights and Constitutional Rights for 35 secondary school teachers, 10% of whom were women. The workshop was organized in collaboration with Western Bahr el Ghazal State’s Ministry of Education.
• The Access to Justice project established field presence in Warrap State.
• UNDP worked closely with the Ministry of Legal Affairs, state Ministries of Local Government and Law Enforcement, the Local Government board, and traditional chiefs to hold two Traditional Authorities workshops in Tonj (Warrap State) and in Yei (Central Equatoria state). The focus of the workshops was to engage with government and traditional authorities in dialogue on issues of customary law practice and role in formalizing the authority of chiefs in promoting and adjudicating community disputes and the promotion of Human Rights in their judicial and administrative functions.
• Three Justice and Confidence Centres (JCCs) one each in Aweil, Juba and Rumbek were established through the International Rescue Committee as a UNDP IP. The JCCs engage with local communities in issues requiring advocacy and mediation, and counseling/ advise.
• In all field offices (Aweil, Bentiu, Bor, Malakal, Wau, Yei and Rumbek), monthly Rule of Law fora were held. Key issues discussed in these fora include but not limited to juvenile justice, conflict resolution, the role of traditional authority along side state rule of law institutions, human rights, land and property issues and gender. In Malakal, e.g. as a recommendation from one rule of law forum, a Lady Justice was appointed by the state authorities to handles Juvenile cases.
• In Juba, technical support was provided to the Southern Sudan Human Rights Commission (SSHRC) during the planning and conduct of a Human Rights Baseline Survey, production of their 2007 Annual Report and Strategic Plan.