Laying the Groundwork for the Rule of Law in Southern Sudan


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Much work needs to be done on Southern Sudan from a legislative point of view, especially if Southern Sudan votes in favour of independence in the referendum to be held in 2011

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Laying the Groundwork for the Rule of Law in Southern Sudan

  1. 1. LAYING THE GROUNDWORK FOR THE RULE OF LAWin Southern Sudan<br />Prof. William E. Kosar<br />
  2. 2. Key Elements of Rule of Law<br />The orderly operation of a legal system in any modern, democratic country, plays an important role in society<br />The courts facilitate the interpretation of those rules by providing a system to resolve disputes between individuals or individuals and the government<br />The courts also function in our society, as well as others, as the chief interpreters of the constitution<br />Global Public Sector Industry Strategy Refresh<br />2<br />
  3. 3. Definition of Rule of Law<br />Lots of academic disagreement but certain concepts universally accepted: <br /><ul><li>Constitutionalism
  4. 4. Law Governs The Government
  5. 5. Law Must Be Fairly & Consistently Applied
  6. 6. Law Is Transparent & Accessible
  7. 7. Application Of The Law Is Efficient & Timely (Due Process)
  8. 8. Property Rights Are Protected
  9. 9. Human Rights Are Protected
  10. 10. The Law Is Capable Of Change
  11. 11. Independent Judiciary</li></li></ul><li>Key Elements of Rule of Law<br />Procedural regularity (due process)<br />Efficacy of law<br />Substantive fairness of law <br />Accessibility of legal institutions<br />Global Public Sector Industry Strategy Refresh<br />4<br />
  12. 12. Background<br />
  13. 13. Background<br />Sudan - largest country in Africa<br />Population approx. 39 million<br />1 country - 2 systems<br />Government of National Unity - Khartoum<br />Government of Southern Sudan (“GoSS”)- Juba<br />Population of Southern Sudan - approx. 8.26 million<br />
  14. 14. Background<br />Southern Sudan has been almost continually at war since before independence from the Anglo-Egyptian condominium on January 1, 1956<br />The most recent conflict lasting 23 years ended with the signing of the CPA on January 9, 2005<br />Ongoing conflict in Darfur<br />
  15. 15. Background<br />Shari’a imposed in 1983<br />ICC indictment against President Omar al-Bashir on March 14, 2009<br />Post-CPA—English & Arabic official languages<br />Common Law <br />Referendum on independence scheduled for January 2011<br />
  16. 16. Sources of Law in Southern Sudan<br />
  17. 17. Constitutions<br />Constitutions in Southern Sudan<br />Interim National Constitution<br />Interim Constitution of Southern Sudan<br />State Constitutions<br />All derived from the CPA<br />Where there is a conflict between a provision in a Constitution & the CPA, the CPA governs<br />
  18. 18. Hierarchy of Norms<br />Constitutions (CPA/INC/ICSS/State)<br />Customary Law <br />Treaties<br />Codes/Laws<br />Regulations<br />Circulars/Decrees/Orders<br />Presidential<br />Ministerial<br />UnderSecretary<br />
  19. 19. Challenges<br />hot, humid tropical weather <br />disease <br />Events frequently cancelled due to perceived or actual security threats. <br />often locked down in our camps<br />Meetings never begin on time, if at all<br />organizing an event is never easy <br />frequently cancelled because of competing events<br />Global Public Sector Industry Strategy Refresh<br />12<br />
  20. 20. Back to Law School<br />Many legal counsels were trained in Arabic and learned Shari’a<br />For many this course was their first introduction to both the Common Law and legal training conducted in English<br />novel to the students is the use of case studies and “mini-trials” as a method of learning<br />Global Public Sector Industry Strategy Refresh<br />13<br />
  21. 21. Petroleum<br />divided up its oil fields into Blocks. <br />Production Sharing Agreements (“PSAs”) with IOCs whereby the state, either directly or through a state-owned oil company, receives % in the proceeds of E & P<br />negotiated with each IOC and varies between countries and indeed between oil fields.<br />Nile Petroleum Corporation (“Nile Pet”) Limited to commercialize the South’s extensive petroleum assets—10%<br />Global Public Sector Industry Strategy Refresh<br />14<br />
  22. 22. Prognosis<br />Return of the Diaspora<br />Elections: April 11-13, 2010<br />Referendum on Independence—January 2011<br />Global Public Sector Industry Strategy Refresh<br />15<br />
  23. 23. Questions?<br />Prof. William E. Kosar <br />16<br />
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  33. 33. Global Public Sector Industry Strategy Refresh<br />26<br />