The US ambassador to South Sudan says there is a need for South Sudan to review its customary laws in order to conform with modern practice of criminal and international human rights laws.

Ambassador Molly Phee says the diverse cultural practices in South Sudan may sometimes conflict with individual rights that are acceptable globally.

“In South Sudan you have many types of customary laws, because each tribe tends to have its own way of resolving problems. And customary can coexist but sometimes can conflict with the modern practice of criminal law, or international human rights law,” said Amb. Molly.

According to the constitution, Customary Law is a manifestation of customs, social norms, beliefs and practices.

South Sudan has several forms of customary laws based on how communities handle issues of family, marriage, property and societal obligations.

Some of these laws apply harsh penalties as punishment for crimes committed within the community.

Some of these penalties may involve arbitrary detention, torture and sometimes death.

Ambassador Molly says such customary laws conflict with modern practice of criminal law.

“So that’s a subject for South Sudanese to decide how to reconcile customary law with new modern norms of international law, both in regard to what we would call sort of ‘routine  crimes’ and as well as crimes against human rights,” she added.

A study of customary laws in South Sudan conducted in 2010, and reviewed by developmental organizations in 2013,  noted that these laws exists as unwritten systems, and that their flexibility often favors the rich than the poor.

Many studies also show that 90 percent of every day criminal cases and civil cases in South Sudan are dealt with and executed under customary law by traditional chiefs and leaders.

Additional information by Daniel Danis