South Sudan is a country with longstanding history of international assistance. In fact, her hard-won independence was birthed in part through external financial and political backstopping. Certain international actors have since deepened their engagement by supporting constitutional designs dating as far back as 2005. They also continue to support humanitarian aid, capacity development, and policy space to strengthen public institutions. Aside from its enduring legacy, international constitutional assistance has been recognized under the Revitalised Peace…
Entries by Joseph Geng Akech
The High Court of Kenya recently handed down a decision that reinforces the role of courts to protect the constitution against executive overreaches. To constitutional lawyers and academics, the decision is a triumph for constitutionalism and the rule of law. In this piece, we discuss lessons that may be drawn from the decision for constitutional consolidation (or amendment) and the role of courts in South Sudan. One lesson is that courts, as custodians of the…
This policy brief rings alarm bells for the parties to the R-ARCSS, its guarantors,and civil society actors that unless certain actions are urgently taken, reforms under the revitalized peace agreement may fail to yield positive change in facilitating South Sudan’s transition to constitutional democracy, peace and national unity. What follows is a summary of main strands of the analysis and recommendations: •The R-ARCSS is a viable framework that could silence the guns and usher in…
The horrific violations committed in South Sudan’s civil war led to the establishment of mechanisms ensuring the prosecution of serious crimes and reconciliation within communities shattered by war. Through a peace deal, three mutually supportive but independent institutions of transitional justice were formed: The Commission for Truth, Reconciliation and Healing, The Hybrid Court for South Sudan and The Compensation and Reparation Authority. This article examines the extent to which these mechanisms can achieve their respective…