Access to Justice in a Post-conflict State: Donor-supported Multidimensional Peacekeeping in Southern Sudan

Baker, Bruce; Scheye, Eric

doi:10.1080/13533310802685463

Cited by 9 publications

(6 citation statements)

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“…But beyond that there can be delegation, where the motive is more a case of seeking legitimisation than decreased work load. For example, in Southern Sudan courts ask police officers to keep order in their court rooms and to do the whipping of those found guilty, and a taxi-drivers' association has authorised the police to sit in its headquarters to handle serious matters (Baker and Scheye, 2009).…”

Section: Enrolmentmentioning

confidence: 99%

“…There are cases of groups working with state police in dividing the work according to which modus operandi is best suited for the required task, as in South African townships (Buur, 2006). Likewise, a Southern Sudan market association in Yei has an arrangement with the police whereby any members arrested are handed over to the association on request for the members to resolve the issues and report their resolution to the police (Baker and Scheye, 2009).…”

Section: Enrolmentmentioning

confidence: 99%

“…Chiefs are the leading actors in resolving disputes and bringing order in such locations (OECD, 2007;Chirayath et al, 2005;Wojkowska, 2006;World Bank, 2008). Delegation of cases from magistrates' to local customary courts is frequent in Southern Sudan (Baker and Scheye, 2009), the Philippines (Franco, 2008), Timor-Leste (Swaine, 2003;Graydon, 2005;Asia Foundation, 2009), and Papua New Guinea (Dinnen, 2006). The benefit for the customary courts in Southern Sudan, for instance, is that they act with government authority when they issue warrants, which, if not answered, entitle them to imprison the non-responsive recipient.…”

Section: Links Where Both Partners Benefitmentioning

confidence: 99%

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Linking State and Non‐State Security and Justice

Baker¹

2010

Development Policy Review

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Until recently links between state and non‐state security and justice have been given scant attention, despite being an important part of safety and security provision in the South. This article examines the circumstances in which such linkages occur; the benefits enjoyed by the partners; and the problems encountered. It considers how their success is to be measured, and how and when they can be facilitated and made sustainable. It comes to the conclusion that, for all their limitations, states, donors and international agencies would be foolish to ignore links with non‐state security and justice providers.

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Section: Enrolmentmentioning

confidence: 99%

Section: Enrolmentmentioning

confidence: 99%

Section: Links Where Both Partners Benefitmentioning

confidence: 99%

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Linking State and Non‐State Security and Justice

Baker¹

2010

Development Policy Review

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“…16 Indeed providing services locally instead of investing heavily on top-down centralization "…would acknowledge that, in a post-conflict environment, a hybrid minimal state may be the most locally owned, legitimate, accountable and effective alternative". 17 Despite this complementarity, however, a number of interventions have remained as top-down processes. The UN has often favored its hierarchical peacebuilding approach in which the intervention is to a large extent channeled through the national government.…”

Section: Peace-through-state-building and Nation-buildingmentioning

confidence: 99%

Building a State without the Nation? “Peace-through- Statebuilding” in Southern Sudan, 2005-2011

Ylönen

2014

UNISCI discuss. pap.

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Abstract:In January 2005 the signing of the Comprehensive Peace Agreement (CPA) brought Africa's longest-running war in Southern Sudan to its formal end. Essentially a two-party power-sharing treaty between the Government of Sudan and the largest rebel organization in Southern Sudan, the Sudan People's Liberation Movement/Army (SPLM/A), the CPA, which provided a roadmap for peace between the main warring parties and facilitated the secession of Southern Sudan in July 2011, faced a number of challenges due to being imposed over a complex landscape of local political actors. This article analyzes the external intervention during the CPA implementation in Southern Sudan in 2005-2011. It treats state-building and nation-building as separate in order to demonstrate the limits of the current intervention aimed at building a legitimate and authoritative state. The article argues that the external intervention in Southern Sudan, characterized by "peace-through-state-building" approach, was unable to ensure peace during the period examined due to its lack of focus on nation building.Keywords: Southern Sudan, Comprehensive Peace Agreement, Post-conflict intervention, Peace-Building, Statebuilding, Nation-Building. Resumen:

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“…But the real drive to ascertain customary law was coming from the new government's desire to exercise greater control over the provision of local justice. It drew upon a Western state-building model that assumes that the state should be the main provider of justice (Baker and Scheye 2009). A further stated goal of some in GoSS and the judiciary was to 'harmonize' various customary law systems and statutory law, thus promoting 'national unity' (Madol 2009).…”

mentioning

confidence: 99%

The Politics of Customary Law Ascertainment in South Sudan

Leonardi¹,

Isser²,

Moro³

et al. 2011

The Journal of Legal Pluralism and Unofficial Law

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Access to Justice in a Post-conflict State: Donor-supported Multidimensional Peacekeeping in Southern Sudan

Cited by 9 publications

References 0 publications

Linking State and Non‐State Security and Justice

Linking State and Non‐State Security and Justice

Building a State without the Nation? “Peace-through- Statebuilding” in Southern Sudan, 2005-2011

The Politics of Customary Law Ascertainment in South Sudan

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