A critique on the Juvenile Justice System Case Study of Southern Sudan.
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Date
2010-12
Authors
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Publisher
Kampala International University, School of law.
Abstract
Although extensive international and regional theoretical literature has developed over
the years which have shaped commendable treatments of juveniles in most states, the
situation of juvenile justice system in Southern Sudan has not only been battling the
violations of human rights as a result of the prolonged civil war but also had to face the
inadequacies of legal framework that was brutally uprooted. The 2005 Comprehensive
Peace Agreement signed in Kenya has ushered in a glimpse of relief to reconstruct and
fill the legislative vacuum in general and juvenile related legislations in particular. Thus,
the 2005 Interim Constitution of Southern Sudan has the child related provisions while
the first ever Child Act, 2008 is premised exclusively on juvenile justice system. What
has remained to be observed is the implementation of these legislations as they require
concerted efforts for the re-orientation of the public attitudes in Southern Sudan towards
realization, promotion and protection of the human and legal rights of the juveniles.
This research will be useful in its attempt to analyze the relevant legislations and the
practices of the institutions charged with the administration of juvenile justice system
thereby giving insights as to what needs to be clone to improve the juvenile justice system
in Southern Sudan. The analysis in this research embraces different fields that have
crucial bearings in the juvenile justice system including customary practices, the recent
National Child Legislations and the International and Regional Instruments that Southern
Sudan is a party to by virtue of ratification by the Republic of the Sudan.
This research begins with Chapter One which deals with an overall introduction to the
juvenile justice system. It also explores definitions of relevant terms, principles and
concepts in juvenile justice system. It further explains why this research will be useful
not only to the stakeholders in the administration of juvenile justice system but also to the
general society which is being affected not only by the juvenile delinquency but also by
the treatment of juvenile offenders. The part of chapter one evaluates the position of the
Traditions and Customary practices in comparison to the modern statutory, Juvenile
Justice System which is based on International and Regional values and principles.
Chapter Two appraises the Legislations and the Practices in light of the International and
Regional Instruments on the rights and treatment of juvenile offenders; Chapter Three
discusses different stakeholders and their roles, procedures and powers in the
administration of Juvenile Justice System in Southern Sudan. These stakeholders include
the police, the courts, the prisons services, social workers as well as the parents and the
wider society. Chapter Four analyses the Challenges facing the stakeholders and their
weaknesses in the administration of the Juvenile Justice System. Under Chapter Five, a
general Conclusion is made in light of what has or has not been done considering the fact
that Southem Sudan after the long protracted civil war has now embarked on acquiring
the resources that it would need for the reconstructions and development of its
institutional and infrastructural facilities that are necessary for justice system in general
and juvenile justice in particular. It ends with the recommendations that are believed to
be appropriate for the desired standard juvenile justice system
Description
A research report submitted in Partial Fulfillment for the Award of
Bachelor of Laws (LLB) Degree to Kampala
International University.
Keywords
Juvenile Justice System, Critique, Southern Sudan