Customary Dispute Resolution Mechanisms Among South Sudanese Commmunities: A Case Study Of Dinka Bor.

Subscribe to access this work and thousands more

Abstract

This study was carried out in order to assess the effectiveness and problems associated

with the use of customary dispute resolution mechanisms among the Dinka Bor of South

Sudan. It was carried out in the three counties of Bor, Twic East and Duk that make up

what is called Greater Bor area in Jonglei State, South Sudan.

Data was collected using interviews and questionnaires with a sample of sixty adult

respondents. Secondary sources of obtaining information about customary law of the

Dinka such as text books, journals, magazines and existing work on the internet were also

used.

It was found out that some customary practices of the Dinka Bor were discriminatory

against the women. These include denial of womenlgirls the rights to inherit property

from their fathers and disparity between a man and woman in regard to compensation for

life lost.

It was also found out that some grave criminal offences such as murder, defilement and rape were not adequately punished under the Dinka Bor customary law.

The system was found not to be satisfactory because it fails to provide for a way of resolving disputes between a member of the said community and a person of a different one.

The researcher found out that some customary practices such as prohibition of marriage within blood relations, right of a woman to inherit her late husband’s estate and heavy punishment for adultery as positive aspects.

The researcher recommended that the government should enact laws to combat bad traditional practices that undermine the welfare and dignity of women and girls.

In addition, the researcher recommended that offenses designated as crimes in the Penal Code Act should be handled only by the formal court of law in the country.

Subscribe to access this work and thousands more
Overall Rating

0

5 Star
(0)
4 Star
(0)
3 Star
(0)
2 Star
(0)
1 Star
(0)
APA

KELEI, N (2021). Customary Dispute Resolution Mechanisms Among South Sudanese Commmunities: A Case Study Of Dinka Bor.. Afribary. Retrieved from https://afribary.com/works/customary-dispute-resolution-mechanisms-among-south-sudanese-commmunities-a-case-study-of-dinka-bor

MLA 8th

KELEI, NGONG "Customary Dispute Resolution Mechanisms Among South Sudanese Commmunities: A Case Study Of Dinka Bor." Afribary. Afribary, 12 Jun. 2021, https://afribary.com/works/customary-dispute-resolution-mechanisms-among-south-sudanese-commmunities-a-case-study-of-dinka-bor. Accessed 17 Oct. 2021.

MLA7

KELEI, NGONG . "Customary Dispute Resolution Mechanisms Among South Sudanese Commmunities: A Case Study Of Dinka Bor.". Afribary, Afribary, 12 Jun. 2021. Web. 17 Oct. 2021. < https://afribary.com/works/customary-dispute-resolution-mechanisms-among-south-sudanese-commmunities-a-case-study-of-dinka-bor >.

Chicago

KELEI, NGONG . "Customary Dispute Resolution Mechanisms Among South Sudanese Commmunities: A Case Study Of Dinka Bor." Afribary (2021). Accessed October 17, 2021. https://afribary.com/works/customary-dispute-resolution-mechanisms-among-south-sudanese-commmunities-a-case-study-of-dinka-bor