A Critique On The Juvenile Justice System: Case Study Of Southern Sudan

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.