Lakes state government criticized over customary law
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By Manyang Mayom
March 28, 2011 (RUMBEK) – The government of Lakes state has been
severely criticized over its controversial law that has been used to
send young men to jail for up to 14 years for impregnating girls.
JPEG - 82.2 kb
Cueibet Commissioner Isaac Mayom Malek (right) and Assembly Speaker
John Marik Makur (left) under youth critizism in Cueibet, Lakes state,
South Sudan. March 27, 2011 (ST)
The parliament of Lakes state and minister of legal affair in Lakes
state government are under heavy criticism from youth across Lakes
state over the costmary law that has been used to sentence men who
have had a sex and made pregnant girls under the legal age of 17.
The head of the High Court of Lakes state, Judge Geri Raimondo Legge,
has said that he as issued the sentences by applying different aspects
of Southern Sudan law comprised of Child Act, Penal Code Act and Lakes
state costmary law passed in 2010.
Legge says that sections 273 and 247 of South Sudan’s penal code allow
for his sentencing. The sections concern abduction, rape, kidnap and
underage. However young men in the say deny they have committed a
crime by having sex with girls under 17 claiming that it is not an
offense in their culture.
In Dinka culture, if a girl has begun menstruating then she is of marrying age.
Both Lakes state parliament speaker John Marik Makur and Lakes state
governor Chol Tong Mayay have said that judge of high court in Rumbek
is not using Lakes state new costmary law properly. They say that
costmary law is silent about underage sex and pregnancy and sentencing
for youth who impregnate girls.
The issue was recently raised at a meeting of in Cueibet County of
Lake state. Members of the Gok Community plus areas MPs, ministers and
advisors including 42 ex-chiefs attended a one day community
consultative meeting to propose three additional counties to be
created out of Cueibet.
Youth who were present raised concerns over costmary law but were
ordered to remain silent by senior figures from the community.
A senior government official in the county said “we have gathered here
today to suggested creation of additional counties and not to talk
over costmary law”.
After his comments young people boycotted the meeting sitting under
mango trees instead of remaining at the event.
Cueibet have one county at present but the community suggested at the
meeting to create three additional counties. They are seeking the
approvable from state governor as well president of Southern Sudan.
Furthermore, Cueibet county has three main ethic groups the Gok Dinka,
Jur-Beli and Bongo
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Lakes state minister for legal affairs Marget Samuel Aruin in Cueibet,
Lakes state, South Sudan. March 27, 2011 (ST)
However, deputy chairlady for Women Association in Cueibet County of
Lakes state Rose Yar Ater, addressed the issue of the customary law,
saying that it needed to be amended because to make it compatible with
lack international justice standards.
Yar said, “there is no need to arrest youth for terms of 14 – 15 years
imprisonment for case of having impregnate girls – this ruling is bad
and we have to change [it]. She said that imprisoning young men for
such a long time was a waste and would not help them and destroy their
future. “We have to change this law”, she said.
Youth members said that they are surprised that the MPs they had voted
for had introduced such laws.
One young man told Sudan Tribune, Balang Ajuong, said : “I am very sad
and worry for having voted wrong people into parliament – I have vote
wrong governor into office and making thing worse is that [the] legal
affairs minister is silent over this cases of impregnating girls”.
Lakes state minister of Legal Affairs, Margret Samuel Aru, said that
those sentenced to jail for having impregnated girls have the right to
appeal. She also added that state government is working seriously to
free them from jail.
(ST)
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