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 Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين (Re: Elmuiz Haggaz)
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Darfur Legal system of Traditional Administration:
Across the Sudan, local administration operates a sophisticated judicial system premised on traditional wisdom but equally informed by modern state legal ethos. Courts of local administration are structured around their administrative role. The village sheikh constitutes the lowest level of local administration presiding over 10 to 40 households. The village sheikh has no court but is mandated to settle minor disputes. In addition to that, the village sheikh combines assisting traditional courts run by his superiors in the local administration and government legal courts.
Above the village sheikhs is the Omda (Mayor) who presides over up to 100 sheikhs. Depending on size of the territory under his administration, the Omda may or may not have a court. Like the village sheikh, the Omda settles minor disputes among sheikhs as well as individuals. The absence of a court also means the absence of a mandate to impose prison sentences. Minor fines and compensation may be imposed during arbitration although implementation of the ruling depends on the disposition of the conflicting parties.
Above the Omda is the Shartay who presides over three to six Omdas. The Shartay has a court and mandate to impose jail sentences to be served in government prisons. He receives a salary from the government and maintains court records for future examination by the government if needed. Above the Shartay is the Nazir or king in some areas. Both the Nazir and king run courts that are endorsed and supervised by the government.
Despite its history and experience, the traditional administration is unlikely to be suitable for post-crisis trials in Darfur. To begin with, this system is ethnic based and always headed by a chief of the dominant ethnic group in the area. Although the court might include juries drawn from ethnic minorities in the area, the chief belongs to the dominant ethnic group. This makes tuning such a court to run trials of Darfur war criminals a risky affair. Moreover, many of these chiefs have also been politicised and above all implicated in one way or another in the Darfur dispute. Removing them in favour of other judges might create a dilemma regarding other functions for which they have been appointed in the first place. For these reasons, it would be unwise to solicit their involvement in post-crisis trials.
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| العنوان |
الكاتب |
Date |
| تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 06:49 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 06:54 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 07:02 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 07:55 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 08:00 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 08:05 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 08:08 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 08:10 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 08:12 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 11:01 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 11:04 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-19-10, 11:06 PM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-20-10, 00:00 AM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-20-10, 09:18 AM |
| Re: تلخيص: From war to peace and reconciliation in Darfur منتدى عماد الأمين | Elmuiz Haggaz | 02-22-10, 12:11 PM |
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Elmuiz Haggaz
فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست