Aerial View of the Protection of Civilians Sites and UN House HQ in Juba, with Jebel ["Mountain"] Kujur seen in the background. PHOTO//UNMISS

A group of South Sudanese have sued the government to the East African Court of Justice over a piece of land they say was unlawfully given to the United Nation Mission in South Sudan.

The disputed land is where the UNMISS established the Protection of Civilian site 3 in Juba, along the Juba-Yei road.

According to the court documents, the land in question measures up to 48,000 Square Meters.

The supposed landowners allege that the then state government told them it was a temporary arrangement -seven years ago.

They say the action by the government and the UN mission has disrupted their lives and that of their families.

According to the court affidavit, the government violated the rights to life and property of the applicants which are provided for in the African charter on human and people rights as recognized by the East African charter.

It further stated that the landowners are demanding to be paid 72 US dollars per square meter every year.

For the 7 years, UNMISS has occupied the said land, the court documents demand more than 24 million US dollars to the claimants.

“My clients are the bona fide owners of a suit piece of land in Durupi, they have been given this suit property by the government and they have the legal title document, but since then they haven’t been staying in the suit property on the notion the government gave this land to UNMISS to harbour internally displaced persons,” said Abraham Suleka, Attorney representing the said landowners at the East African Court of Justice.

The Attorney alleges that the land was allocated to the UN  document “without the consent of my client and that is why they feel their rights have been infringed on.”

In April 2018, when the landowners first complained, the head of UNMISS said he was surprised by the claims.

David Shearer affirmed that the mission got the land through a Memorandum of Understanding with the government of South Sudan.

But Mr. Suleka says they will seek redress from the regional court. He stressed that the government as the first respondent will still be notified within a month.

“At the East African court of justice, we already filed a reference and right now it’s already being received by the court and given even a reference number.”

The court is expected to summon government to respond to the applications.

The East African Court of Justice (EACJ) is an international court tasked with resolving disputes involving the East African Community and its Member States.

It, however, does not have the competence to hear individual complaints of alleged violations of human rights law

But it ensures Partner States adhere to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights.”