The South Sudan Bar Association is set to go for general elections soon. I have been keenly following the electoral preparedness and the high temperatures involved in the process which is overwhelmed by two different competing groups; Reform & Prosperity headed by my learned Colleague Counsel Reech Ring from one hand and Advocates Alliance headed by my learned colleague Counsel Arop Malueth from the other.
To me, it appears like the attempt this time round will likely bear fruits contrary to numerous failed attempts starting from the Lawyers’ Foundation Conference conducted in 2014 which was purposely interrupted by the South Sudan National Security Service who stormed the venue of the elections and forcefully made away with ballot boxes as the voters were left in total despair while the voting process was about to end in the presence of senior government officials, diplomatic corps, regional observers and other relevant legal institutions in the country and many others. Let me hope that this one will not be interrupted again.
Nevertheless, I am optimistic that it will go smoothly.
To all the contesting learned colleagues in these two groups, please, do it diligently well regardless of who wins or loses because you have a lot to demonstrate to the people of South Sudan in terms of democracy and the rule of law. Make it a free, fair, and credible election to reflect the essence of the legal profession in the country.
It is vital to have this body democratically formed now rather than later given what the legal profession is going through across the country nowadays.
Once legally formed, the Bar Association will undoubtedly increase public understanding of or respect for the rule of law, the legal process, and the role of the legal profession in the country. It will also hold the government accountable under law, work for just laws, including human rights, and a fair legal process, and assure meaningful representation for all persons from all works of life in the country.
Advancing access to justice
Access to justice is a fundamental principle of any thriving democracy like ours. The current tribal and political climate has brought to light various social and legal issues that disproportionately affect marginalized or weaker persons in South Sudan. The Bar Association has rights by law to actively respond thereto by working to bridge the gap in access to legal representation or justice.
Legal aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel, and the right to a fair trial.
Encouraging civility and respect
Political and ethnic polarization oftentimes leads to contentious debates and strained relationships. The Bar Association is well placed to actively promote civility and respect among legal professionals, even when representing opposing views much as it remains a challenge in our situation. Legal professionals are encouraged to maintain professionalism and uphold the principles of respectful discourse, essential for a functioning rule of law and upholding democracy.
Holding events
Bar associations oftentimes organize seminars, workshops, and training programs to equip lawyers with the tools needed to engage in such constructive dialogue, resolve disputes, and maintain civility in a politically and tribally charged atmosphere like in our country.
Promoting diversity and inclusivity
Diversity within the legal profession is a critical matter in responding to the current tribal and political climate in South Sudan. The Bar Association should actively work to promote diversity and inclusivity within its ranks and the broader legal community. I can guess that most learned colleagues may simply downplay or disagree with me on this point for repeatedly mentioning the “tribal and political” situation in this piece, however, that is an undisputed fact in our country, so, we need to take it with a pinch of salt and boldly address it as legal professionals.
Promoting ethical standards
One of the primary responsibilities of bar associations is to uphold the ethical standards of the legal profession. In times of political and tribal polarization, maintaining these standards becomes even more critical. The Bar Association should work diligently well to ensure that lawyers adhere to their ethical obligations, irrespective of political or tribal pressures. This includes addressing issues such as lawyer’s misconduct, conflicts of interest, and protecting lawyer-client privilege. By maintaining strict ethical standards, bar associations will not only play a pivotal role in preserving the integrity of the legal profession amidst political tensions but also in promoting the rule of law, access to justice, and democracy in the country.
Finally, I am so optimistic about the efforts made by all my learned colleagues across the divide and cannot wait to see the final results of a free, fair, and credible election of the South Sudan Bar Association 2024. Wishing all of you the very best of luck.
Alfred Lado, the writer has been a practicing lawyer and is currently a rights activist and can be reached @alfredlado2@gmail.com
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