The Sudan Handbook

(Barré) #1
tRaditional authoRity, loCal GoVERnmEnt & JustiCE 203

resolution, known as judiyya. The Native Administration leaders may play
a role in these processes, but the underlying moral values are seen to be
much deeper than this recent form of authority.
Resolution of serious conflicts has also been a key function of the
traditional leadership, and one which is said to have been undermined,
with serious consequences, by government policies. It follows naturally
from the judicial role of the traditional leaders and from their position
as the custodians of communal rights in land, water or migratory access.
The success of conflict resolution initiatives, however, depends on a
fragile combination of indigenous legitimacy and government support.
However deep the resolution achieved by traditional mechanisms, peace
agreements tend to fall apart without the vested interest of powerful
political and military forces in the region. On the other hand, govern-
ments have sought to manipulate ‘traditional’ peacemaking for their own
ends: in Darfur this has tended to involve agreements made by politi-
cally-appointed leaders, which lack popular support or trust. In general,
grassroots peace initiatives only succeed where there is a successful
combination of local legitimacy and effective government backing and
follow-through. The problem is that current governments have a vested
interest in maintaining rather than solving conflicts on the peripheries.

Conclusion

John’s case was eventually heard by the county judge, who told him that
really a family matter like this should be settled at home, or by a chief.
John insisted that the case should be heard, but Paul failed to respond
to the summons. Disgusted, John declared that the courts were useless
nowadays; it was no wonder that so many young men were dying in
sectional fighting. The inability of local courts, even the official county
courts with their paralegal judges, to enforce their authority against the
power of the military and government officers belies the growing rhetoric
of empowering traditional or local authorities in Southern Sudan. Yet,
conversely, the recurring abuses and enduring remoteness of military

The Sudan Handbook, edited by John Ryle, Justin Willis, Suliman Baldo and Jok Madut Jok. © 2011 Rift Valley Institute and contributors and government cultures also ensures that people across the country


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