Ambassador Timo Olkkonen's remarks at the workshop on "The role of the judiciary in elections"

Ambassador Timo Olkkonen, Head of the European Union Delegation to South Sudan

Your Lordship, the Honourable Chief Justice Chan Reec Madut,

Honourable Justice Benjamin Baak Deng (Supreme Court Justice and Head of Training of the Judiciary),

Honourable Justices, Judges

Dr. Kathrin Maria Scherr, Head of Sub-Saharan Africa Projects Max Planck Foundation

Excellencies, Distinguished colleagues, Honourable Guests

All protocol observed, Ladies and Gentlemen,

Good morning, 

It is a great honour to participate in this workshop organised by our partner, the Max Plank Foundation. On behalf of the European Union, I am pleased to say a couple of words on the opening of this key event on the role of judiciary in elections.

The role of the judiciary is irreplaceable in terms of providing assurances of legal recourse and justice. Electoral disputes and the judiciary’s role in preventing/resolving them are more than ever important topics of discussion in the international law community. An impartial judiciary can hear and peacefully resolve electoral disputes, ensure accountability, and help uphold the rule of law. 

While elections do not equate with democracy, they are one of the cornerstones of a sustainable democratic state. To serve in this role they of course need to be inclusive, free, fair, and transparent.

And you have a key role in making that happen.

South Sudan has many traditional dispute-settling mechanisms. Many of them are laudable in upholding peace and stability, and they have worked in societies past. But not all of them are really effective or suitable in the current context in a society that strives for respect of human rights and equality before the law.

The levels of violence we witness testify to the fact that they currently are not able to address the conflicts that are emerging. 

Indeed, in preparing for elections, efficient dispute and conflict-settling mechanisms are essential.

And they are essential throughout the broader electoral process, meaning in the pre-electoral phase, during the political campaigning and constituency delimitation, during the elections themselves to curb violence and guaranteeing an environment where people can exercise their rights, and after the elections, to regulate the consequences of the elections. 

The title of the workshop is “The Role Of The Judiciary in Elections”.

But beyond the elections themselves, we all know how the role of the judiciary is instrumental for ensuring lasting peace, stability, and prosperity for all South Sudanese. Essential for trust and confidence in the state and its democratic institutions. Essential for upholding the rule of law.

Judicial independence and separation of powers are necessary to protect against undue influence from anyone wishing to interfere, even if that would be the executive arm of the government. The judiciary needs to also possess the technical competence and the political will to adjudicate politically charged issues. When the judicial system lacks the clout, capacity, or credibility to effectively intervene, the result can be further violence, weakening of the democratic institutions, and the creation of a culture of impunity. Thus, as judges of South Sudan you hold a very important mandate for the peace and development of the country.

The EU has been supporting the South Sudan justice system since 2013. Our main purpose is a better and more accessible justice for all citizens of South Sudan, and fostering peace and reconciliation through transitional justice process.

We have worked in partnership with Max Planck Foundation since 2017 to provide comprehensive capacity building and technical legal assistance to strengthen the judiciary in South Sudan. 

So far, Max Planck Foundation has provided capacity building to all the judges in both county and higher courts in South Sudan in several workshops covering different topics of interest to the judiciary. 

We are proud to be at your side.

Supporting you is one of the most important things the European Union can do for this country, as we have no doubt about the pivotal role you have to guarantee inclusive, free, fair, and transparent elections in South Sudan.

It is no secret that the decision to extend the transition period for another two years last September was a disappointment to the European Union. It was testimony to the lack of political will to implement the peace agreement as agreed, and on time. Unfortunately nothing has changed on that account in the past half a year. The failure to implement it so far should urgently be turned to an opportunity to make sure that the key clauses of the peace agreement are implemented and elections can be held according to the new timetable. 

Procrastination and declarations of intent are no longer enough.

There is ample evidence that the South Sudanese want to move forward, and have elections, even if they are considered to contain risks. Now it is up to the transitional government to take action, enter into consensual political decision-making about the way forward and provide the necessary funding.

This is now or never. The clock is ticking. There is a saying that the best time to plant a tree was yesterday, the second best time is now.

Before I conclude, let me salute the work of the Max Planck Foundation who held workshops aimed at capacitating the judiciary, but also the members of the JRC and providing comparative knowledge on questions pertaining to the judicial reform process. 

The European Union will remain your partner in the historic endeavour of bringing the transition in South Sudan to a close.

Thank you once again for being here today. It is our sincere hope that the ideas and recommendations that emerge from this workshop will contribute to making a positive role of the Judiciary in elections a reality. 

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