The fundamental problems of Lakes states and the demise of justice

Rumbek youth letter on new customary law in Lakes state

Lakes state concerned

The fundamental problems of Lakes states and the demise of justice.

The aforementioned subject looks at the legal questions and this imbroglios state of affairs especially this palliative customary law:

• Are we in a constitutional flaw or extra judicial state?
• Where is the source of the law?
• Are we all the same in Lakes state?
• Is the law impartial?
• Where is law proportionality?
• Do we think deterrence is the remedy in an anomic situation?
• Are recent customary Laws societal based?
• Who is targeting who?
• Is that Law jurisdictional?

With such questions, we can reiterate on them and try to explore the remedy in Lakes state. It is true that in any society, law has to be there and depends largely on people who are the consumers of it.

It is not bad to render reparation for any indemnities or damages but it has to be reasonable and fair and free from prejudice and discretion especially in this case of impregnation. Men do not read cycles of pregnancy but women! This means that it has to be looked at two sides, we are all human beings and we need to be rational enough and be logical. Some cases such as pregnancy, rape and defilement needs some scientific prove in order to be substantiate.

What if the pregnancy flops, we know in some cases, there is sometimes declared “pregnancy “and at later date may deem negative, will the penalty be reversed?

The marriage: it can be permanent or temporary union of a man and woman or even of the same sex. This has its own procedures and stages variant across societies. In the case of our community, courtship has been one of prerequisite to marriage.

Traditionally one should marry a girl when he has access to girl’s relatives, house and the girl herself so as to know each other and agree to be in love, this is proving futile now under this Act since courtship can be a luring paradigm at the lurk of girls parents, victimising young man should impregnation occurs, this facilitates the act and the three parties should be liable. Therefore according to your Act, Marriage can be defined as a union between two families who reached a mutual understanding and agreed to have their as partners after payment of dowries. In this case, marriage is commercialised but not an institution governs by love and respect as it used to be.

The constitution: this is a consensual document agreed upon by the people as a supreme law of the land. This cannot be overemphasized by negating the consensus notion. It is true that most of the constitutions world over is written during crisis and power to implement them rests much on the consumers of the law.

It is ironical to formulate laws with discretional version and hysteria where one wonders about who is targeting who when looking at the due process and principles of proportionality as per each case since they differ in nature and style, it is realised today that we in lakes state are in a state of emergency!

Laws bind on people when there is consensus, short of that is resistance though it is always belief that resisting law is costly but people sometimes opt for suffering in an anticipation of the best.

Most of the countries if not all because lakes is now on reservation, customary laws are deeply rooted in societal norms and values traced under natural laws and stretches to conjugal principles which the mentor cannot even other wised.

This means that we need to treat some cases with thorough analysis if we are to have laws of the land looking at the structure of that society than using small quorum of chiefs and use their lamentations as laws.

Laws are formulated by legislators but consumed by all, and then the people at all walks of life need to be integral part of it!

If impregnating a girl is so sever as it is in Lakes today, then we need to peruse through all the customary laws by even revising the courtship principles.

Why is it that men are always considered as performers of sexual offences yet these are two consenting adults with exception of rape and defilement!

This left a lot to be desired! We are in an interdependence society where we can have some comparative principles guided by rationality. It has never ales will never prevail if we are to know where we are today, we are not conservative but objective enough in this murder case of justice in lake state

Determination of age is also contested! We primarily accept that any adult has to be at the onset of first period and initiation for girls and boys respectively; however, this has been hampering the lives of young girls especially during delivery resulting to high rate of maternal death.

Defilement: it is not clear whether it is defined in context of age or marital status. Defilement is about having sexual intercourse with under age as being determined by law. Looking at that definition, the act fussed age and unmarried as one!

Why do we say so, if you impregnate a 14 year old unmarried girl then one is liable for impregnation case and defilement according to this law,

Yet someone who married a 12 year old is exempted.

Now let’s redefine defilement in that context it is sexual intercourse with unmarried young girl, now where does impregnation case comes in and where do we place defilement since the girls parent might weigh the penalties attached to each case and go for the most severe one under this deterrence Act!

What of someone who married under age under through consensus with the relatives of the girl, will the two parties be liable for offence if not what of bilateral agreement between the “girl “and the “boy”?

This law is quite targeting young men since parents of the girl can say their daughters are teen or even pre-teens age so as to send a young man to jail and get these dubious benefits as per this Act. This is ridiculous! This law do not cut across since it exempts married under age.

The victims of this are: (penal code Act 2008)

s/no – NAMES – CASE – DATE OF VERDIC/ ARREST – JAIL TERM – REMARK

01 – MATUR MEEN MADING – DEFILEMENT – 23RD/10 /2010 – 10 years – In jail

02 – MATHIANG DHAAL MANYIEL – DEFILEMENT – 3rd /12/2010 – 10 years – In jail

03 – THON MARIER BUOC – DEFILEMENT – 6th/12/2010 – 10 years – In jail

04 – SABIT GUM JOKNGETH – DEFILEMENT – 10 years – escaped

05 – THAAT AROP ATER DEFILEMENT – 29th /12/2010 – 6 month

06 – MAKHOI WADE KUC – DEFILEMENT – 26th /11/2010 – 6 months

07 – MAYOM BIL – PENDING CASE – pending – AWAITS HIS FATE – pending

As seen above, one say it is an offence to defile but the cases are twisted by the parents of the victim when the two families fail to reach marriage agreement in the case of impregnation.

Education and marriages: The argument that young girls are dropping out of schools because of impregnation has no strong ground of protection if this law has that intention, it should have been stipulated using deferential approach to get good result of girl child education.

These are questions of ire in the quest of justice and fair laws.

Rape: rape is a forceful sexual intercourse with a woman involving penetration. But the Act narrowly brought it to girls only regardless of any relation whether a girl friend or not. yes it can be a girlfriend and you differ slightly in sexual agreements and she flares up, is the penalty the same with the stranger on the street, if So what of married men who beat their wives and force them to bed?

Yes damages are compensated and this can be done on two accounts;

RETRIBUTIVE AND RESTORATIVE JUSTICE!

What if one is pardoned by the victim or the performer shows remorse, is that person liable to full force of law? Absolutely not in this context, it is a law that is rigid and exploitative economically whether legally or politically. This impregnation Act is a redundant law in the sea of confusion.

What of those girls who happen to have secret agreements with some young men especially in cases of sneaking into girls’ residents and the girl might in fear or whatsoever disown the deal! Can it be rape attempt or demise of agreement? It is unrealistic to punish one at the expenses of the other yet these are two consenting adults.

They should be treated equally if these laws are not wandering laws in lake state full of dehumanisation of men at the expenses of an unknown! We all have sisters and brothers, sons and daughter.

How about a poor man who cannot even afford 1000sdg a year and happens to impregnate a girl, will that be the end of his life?

No! A good law is one that proportionates notwithstanding uniform application of laws but commercial penalties attached to them should be fair.

In the ambit of criminal law and shift in the nature of crime, especially under deterrence as it is in Lakes state, the would -be thief of 200-500sdg may resort to bigger offences since penalties look to be the same, this may result in capital offences such as arsons, murder and other subversive activities.

With deterrence practices, there should be categorisation of the cases according to their severity in any society. There is an attempt and the real act, there are misdemeanours and felonies. These are principles of judging some cases.

It’s true that most penalties are given by judges but can be challenged or endorsed constitutionally! Then let’s not be excited of how many bills are passed as a determinant of competent per each tenure.

In the evolution theory of state, some powers are rendered to state but power to resist bad laws and bad governance is always reserved.

One can say, it is costly to resist law but human beings suffer for anticipation of the best since there is nothing static in this world!

Especially in the quest of justice in this state we all love and hail from.
We need a proper dose for the state to heal! Proper doctor with a proper skill and proper prescription! Free from bias and anxiety that has plagued our state!

Lakes state has very many Icons who should not be self-centric and ethnographic. These customary laws look not to be for Lakes state but rather for Dinka inhabitants because many penalties are based on cows and unrealistic monetary calculus.
There is no appropriate determination of value and its equivalence under this act!
The Act do not clearly spell how much is three cows and how many cows are 2000sdg as a damage.

15000sdg and seven cows respectively and the fine 1000sdg is only in Momentary term not equated as in other cases as in redemption of a child as 7 cows and 15000sdg for pastoralist and cattle keepers respectively.

Damages:

3 cows = 2000sdg
1 cow = 667sdg

Redemption of the child:

7 cows = 15000sdg
1 cow =2143sdg

Fine fee: 1000sdg

NOW, let’s use the above equation to determine 1000sdg in term of cows, can we use the first equation or the second. First equation:

1000sdg /667sdg is 1.46 approximately 2 cows
1000/2143 is 0.45 approximately 1 cow
15000/667 is 22.48 approximately 23 cows

The value of a cow in the first equation is 667sdg and 2143sdg per each cow respectively.

This is a clear deceit and Exploitation of our poor population under the pretext of availing law and order! As per the above variation in values as seen above.

Wrong application of law is itself-unlawful. We are tired this of illegal practices and wrong dosage of law that we have been experiencing in Lakes state.

As per this flagrant law against human rights values.

Another example is the Reparation in murder cases for the chiefs, students, pregnant women and other intellectuals, = 51cows. Ordinary persons = 31cows.

Dear brothers and sisters.

“Worthlessness in status does not mean uselessness” all human beings are equal regardless of ranks, age, status, race, creed and others.

Let’s stop these extra Judicial approaches.

Let’s the human society not be heterogenized by one using whipper, and he who whips shall weep! All human beings like pleasure in preference for pain. Constitution is a very controversial document that can be treated with care! It is a double edged sword! But it can be played at a labelling ground and attain win-win situation. One might think there is nothing called Win-Win situation, But in quest for peace and justice we need not to formulate laws with prejudice!

These are resolutions deliberated on in the meeting held in Rumbek 11th 12 2010 at the youth centre attended by 246 people and other parts of Sudan by correspondents concerning these flagrant customary Laws especially chapter 5 sub-sections 31 ,33,34 and 37 of the state constitution concerning rape, impregnation and defilement in Lakes, the resolutions read as follow,

• The decision taken by the judge to arrest these young men should be rescinded.
• Suspension of that act till it is rediscussed and rekindle
• Boys and Girls should not be allowed to visit each other at their respective homes as it used to be till that flagrant and consign law is repealed to avoid more bloodshed.
• Value of cows and that of money needs to be re-valued not as under this Act
• Married under age should be treated as defilement cases

The law should be transferred back to Wathalel Law of Bar El gazal in 1984 period where:

A rejected or jilted pregnant girl is returned with one heifer as a damage and Fine of approximately 450 SDG and child’s redemption determined consensually later depending on child’s age through amicably agreement not trade fare as it is under this Act.

The ten (10) year imprisonment was condemned and should remain the way it was in 1984 agreement of greater Bar El Gazal.

• Section 37 was totally condemned 100% and should be omitted if possible. It says a person who enters the mosquito net/house of a girl/woman and get killed should not be compensated( Marum Kaltan) this is prejudice, any case should first be investigated before declaring the decease guilty, this is a clear legitimization of death by killing

• Section 33 was totally condemned also, because the parents of the girls force their daughters to agree as underage when they are not. This is under the argument of defilement above and the definition of it.

• Sometimes the parents can refuse their daughters to be married in some cases of impregnation. Under this Act, the parents may refuse with the intention of jailing the Youngman as a consign, under this extra judicial ten year jail term and control our age mates to be their wives and leave us as boys and prisoners forever.

• Young ladies also argue that this Act was passed by old women trying to control our age mates to be their husbands and leave us as girls forever.

• It was lastly agreed that a committee should be formed to meet Speaker with his MPs and Governor. The committee would comprise 3 representatives from all the eight (8) counties of Lakes State which makes total of 24 people.

The committee agreed that they would sit on Monday 13th 12/ 2010 to see Speaker and Governor, after meeting with them and fail to address the issue as it is needed, then the youth will go for demonstration and write on Website to show the World the problems that are facing us as youth in this State.

Dear brothers and sisters, these are some few remarks/summary of our today’s meeting 11th 12 /2010 and we shall be consistent to see the right things done for the betterment of youths’ future.