Background

The broad mandate of the Ministry of Legal Affairs and Constitutional Development (MoLACD) is to provide legal and advisory services to the Government of Southern Sudan, to establish legal administrations in each of the ten states in Southern Sudan and disseminate the Comprehensive Peace Agreement throughout the south. To achieve this objective, the Ministry must hire and train legal and administrative support staff as well as construct and operationalise offices in each of the ten states in the region.

Objectives
The project aims to provide technical assistance, capacity building and infrastructure support to the Ministry of Legal Affairs and Constitutional Development (MoLACD), in order to build a strong foundation for a united, peaceful and prosperous society, based on justice, equality, respect for human rights and the rule of law.

Snapshots of the project's major achievements

CPA Workshop in Juba for Lawyers
• To raise the awareness of legal personnel regarding the contents and provisions of the CPA and the transitional legal framework for Southern Sudan, UNDP facilitated a training for 43 participants on human rights as a measure to promote and ensure a sustainable peace and to enhance the capacity of legal practitioners/advocates and judges within the States.

Customary Law Tour Namibia and Botswana
• A customary law study tour to Namibia and Botswana was facilitated by UNDP for an 11-member Southern Sudanese delegation comprising of representatives from the Judiciary, MoLACD, Local Government Board and Traditional Authorities from the 11th to the 23rd of October 2008. The study tour exposed members of JoSS, MoLACD and Traditional Authorities to the application of customary law systems of Namibia and Botswana with reference to the application of statutory laws with the objective of introducing the delegation to the best practices of the respective countries. As Southern Sudan is now embarking on a comprehensive regional ascertainment research exercise to inform the harmonization of the mainstream statutory legal system with that of customary law, this study tour provided invaluable guidance and lessons learned in the development of law reform in similar country contexts.

Institutional Support to Ministry of Legal Affairs and Constitutional Development (MOLACD) Project
• UNDP organized the completed 12 weeks of Legal Skills at Law Development Centre (LDC) in Kampala, Uganda for 30 MOLACD Legal Counselors. Legal Counselors received training on common law approaches relevant to the Southern Sudanese legal context as well as substantive legal training in topics including Criminal Proceedings, Civil Procedure, Land Law, Domestic Violence, Legislative Drafting, and Code of Conduct advocacy. In addition, legal counselors participated in attachments with relevant legal institutions in Uganda to provide hands-on exposure to systems and operations of the Ugandan legal system. As the current rule of law sector in Southern Sudan remains at a nascent stage of its development, participants were provided an opportunity to enhance their substantive knowledge and legal practice through an experiential learning process.

Capacity Building
• Training of 30 legal counsellors from MoLACD was conducted for 12 weeks on legal skills and the common law system at the Law Development Centre in Kampala. The training was undertaken to enhance the knowledge and build the capacity of MoLACD lawyers both at the State and HQ levels to better carry out their functions within the newly introduced common law context.
• A total of 38 MoLACD legal counsellors underwent computer skills training this year both at HQ and State levels. The training has enhanced the proficiency of MoLACD legal counsellors on the use of computers, increased their knowledge on computer applications and their ability to carry out internet research. The Under Secretary for MOLACD also received one-on-one tutorials to enhance his computer skills.

Infrastructure Development
• Construction began on a two story permanent library facility with office space, and is due to be completed by March 2009. The law library will serve as a resource and data base information centre where laws can be easily accessed and researched by MoLACD staff and the general public.

Strategic Planning
• A committee comprised of Bearing Point, MoLACD and chaired by UNDP has completed the final draft of a Strategic Plan for MoLACD. The Strategic Plan will improve the Ministry’s efficiency and will enhance its administrative and financial management systems, senior management, and directorates to ensure effective delivery of services and improve outcomes at the GoSS, State, and local levels.

Coordination of Partners
• Weekly coordination meeting of MoLACD partners/advisors chaired by the Under Secretary are being held every Friday at MoLACD headquarters. The coordination meeting brings together MoLACD development partners to discuss issues concerning their work with MoLACD with the objective of fostering better and effective collaboration, identify gaps to minimize overlapping and better coordination.
• In addition, international partners providing support to MOLACD have monthly coordination meetings to discuss strategy and complementary programme interventions.

CPA Dissemination
• UNDP facilitated H.E Minister Michael Makuei Lueth of MoLACD to conduct workshops in 3 State capitals (Bor, Malakal and Bentiu) for officials, including Governors, Members of State Legislative Assemblies, Judges, County Commissioners, Traditional Leaders and CSO representatives to discuss the various legal frameworks applicable in Southern Sudan. Such workshops were well received and attendance exceeded planned numbers. In some of the workshop locations, the proceedings were broadcast via radio for access by a broader public audience. Participants remarked on the value of the workshops to their respective roles and their appreciation for the Ministers personal involvement in addressing not only the CPA itself but sensitivities and political implications of some of the peace agreements provisions that impact national, sub-national, state and county-level governance.