South Sudan is ‘Missing Justices’ in Governance

The Government of South Sudan is “missing justices” in governance, violators of the laws are freed without undergoing trials, war criminals are released without punishment, corrupt officials are kept in secrecy, enemies of peace are pardoned, so where is the rule of law in the new nation?
Thousands of civilians are dying at the hands of the rebel groups, cattle raiders, political activists and community fighters, but the state government has failed to carry out adequate investigations into the killings. The punishment of law violators and maintaining of justices for all is the rule of law that South Sudanese need now. How are the victims of the rebellions, corruption and community conflicts feeling when perpetrators are freed without punishments?
The serious inter-community conflicts and operations of rebel groups in Jonglei have claimed thousands of lives since the declaration of South Sudan independence on July 9th 2011. The clash of retribution and cattle raiding amid the Lou Nuer, Murle and Dinka communities in Jonglei has become unbearable. The inter-community conflicts have claimed lives of civilians and national Soldiers in Walgak Payam, Akobo and Pibor in Jonglei.
The historical grievances continue to affect relations between communities and individuals and also new tensions emerge from old wounds. The ongoing aggression and incidents in Wau, Yei, Jonglei, Rumbek and inter-community clashes in Pibor are less investigated. The main responsibilities for the protection of civilians remain without definition.
The situation has threatened to reserve the efforts that have been made to achieve peace and stability in South Sudan. The need to punish the enemies of peace, corrupt officials and efforts to combat inter-community conflict is the quick solution to prevent destabilization of national peace.
The demand to identify and bring perpetrators of peace across South Sudan to justice is long awaited by South Sudan civil population. There is even lack of proper security in areas most at risk. The ongoing Political differences, intercommunity conflicts, violence and instability in South Sudan have deeper roots. The chronological accusations continue to affect relations between communities.
The South Sudan authorities have failed to carry out adequate investigations into the killing of peaceful protesters in December 2012 by government security forces in Western Bhar El-Ghazel state. “On December 9, security forces opened fire on a peaceful protest, killing six people on the spot. Two more protesters died later in a hospital. The protest had been triggered by the killing of two men during an outbreak of violence between youth and security forces the evening before, eight peaceful protesters are dead in South Sudan at the hands of security forces and apparently no one has been charged or prosecuted.
The failure of the government to investigate the issue has set a bad precedent for a new country and undermines freedom of expression and peaceful assembly across South Sudan. Wau protest sparked over a decision to move a county administrative headquarters outside of the town. South Sudan are still waiting to see that the government ensure full, effective and impartial investigations leading to the prosecution of those responsible for the killings in Wau. The right to peaceful assembly and association as well as the right of freedom of expression is protected by South Sudan’s transitional constitution under bill of rights. In order to protect every person’s right to life and security of person, law enforcement officials must, as far as possible apply nonviolent means. The security forces made no efforts to manage or scatter the crowds with nonviolent or less than lethal means before opening fire at the protesters. They gave no warnings of their intention to use firearms, and they made no attempts to prevent or minimize death or injury.
Under South Sudan Transitional Constitution, the security forces have a duty to protect lives and uphold the rule of law. It is therefore completely unacceptable for them to use live bullets against peaceful protesters. Under international standards, every use of lethal force in law enforcement operations, including those that are allegedly accidental, must be subject to an independent and impartial investigation, but to the surprise is no adequate investigation been carried out and the identity of the individual officers within the security forces responsible for the killings remains unclear.
Suspects arrested to Wau crisis were held without charge for over months, in many cases in unofficial detention sites including the offices of the police’s Criminal Investigation Department and the Nation Security Service (NSS) before being transferred to Wau Prison and charged. At least seven journalists were also detained, some for more than two weeks, before being released without charge. Under South Sudanese law, detainees are to be charged or released within 24 hours. The need for thoroughly investigations and subsequent prosecution of those involved in the shooting of the protesters in Wau, enemies of peace and war criminals across the nation and the deaths of people killed in the outbreak of violence on December 19 should be urgently carried out.
Why to punish war criminals, enemies of peace and corrupt official than to pardon them?
The decision to pardon war criminals, law breakers, corrupt officials, and enemies of peace in South Sudan is unlawful. In most cases wrong doers are pardoned, but it is neglecting the rights of the affected population because are always looking for justices. The call for rule of the law in South Sudan is at high demand. South Sudanese don’t wish to see wrong doers freed without trials, rather wish to see that they undergo justices. The decision of the civil population is not like the decision of the political activists because political thing that the decision of releasing war criminals is a sign of bring the country tighter and the start of the national political dialogue, but if people need to ask then they ask only one question which is, where is the rule of law if criminals are freed?
Pro-government activists are running on the streets saying that the procedures to war criminals is a sign of embracing peace, but they did not feel the harm these people caused, so punishment all violators of the law is what is called the rule of although other think that pardoning insurgency is the beginning of national healing.
What is needed from the Government, United Nations and International Community in the peace building process?
The government initiative to launch a process of national reconciliation and healing has great potential in nation building; it will create a space to deepen understanding, trust and respect among communities. The process and the approach that is taken will be deceived for its possibility to succeed. It is essential, therefore that the process is inclusive and broadly owned by all stakeholders and community leaders and community members.
So, there is need for maximum restraint to prevent the occurrence of additional attacks and to end cycle of violence. There is need to establish mechanisms to increase the efforts that have been made to achieve peace and stability in the nation. Everything must now be done to prevent destabilization of peace.
And there is need to retrieve the stolen cattle, abducted women and children. There is need to deploy national forces in areas most at risk and a need to investigation to the root causes of inter-community conflicts to identify appropriate solution to them. The government of South Sudan should identify and bring corrupt officials, law violators and perpetrators to justice because it is the way to be a lawful state.
The conclusion
The procedure to release criminals of war, violators of the laws and abandoning the demands of the victims of corruption and rebellions is contrary to the rule of law. The idea to pardon enemies of peace and absorbing them to high Government positions encourages other to take arms so that they win positions. The trail and punishment of the wrong doers is what people call justices.