Ambassador Molly Phee urges review of some customary laws

Emmanuel Akile | December 6, 2016 | 2:34 pm

US Amb. Molly Phee [right] pose for a photo after an interview with Eye
Radio's Sundown Presenter, Rosemary Wilfred. Photo: Koang Pal/Eye Radio

The US ambassador to South Sudan says there is a need for South Sudan to
review its customary laws in order to conform with modern practice of
criminal and international human rights laws.

Ambassador Molly Phee says the diverse cultural practices in South Sudan
may sometimes conflict with individual rights that are acceptable
globally.“In South Sudan you have many types of customary laws, because
each tribe tends to have its own way of resolving problems. And customary
can coexist but sometimes can conflict with the modern practice of criminal
law, or international human rights law,” said Amb. Molly.

According to the constitution, Customary Law is a manifestation of customs,
social norms, beliefs and practices.South Sudan has several forms of
customary laws based on how communities handle issues of family, marriage,
property and societal obligations.

Some of these laws apply harsh penalties as punishment for crimes committed
within the community.Some of these penalties may involve arbitrary
detention, torture and sometimes death.

Ambassador Molly says such customary laws conflict with modern practice of
criminal law.“So that’s a subject for South Sudanese to decide how to
reconcile customary law with new modern norms of international law, both in
regard to what we would call sort of ‘routine  crimes’ and as well as
crimes against human rights,” she added.

A study of customary laws in South Sudan conducted in 2010, and reviewed by
developmental organizations in 2013,  noted that these laws exists as
unwritten systems, and that their flexibility often favors the rich than
the poor.

Many studies also show that 90 percent of every day criminal cases and
civil cases in South Sudan are dealt with and executed under customary law
by traditional chiefs and leaders.

Additional information by Daniel Danis

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