‘Let children be children.’ This is the one of the messages that resonated most with participants during the many meetings preceding and informing the reform of customary law, also known as Naath law. Today, they are. At least by law.

Updating this customary law was not easy. And it hadn’t been done since 1942.

Following many failed attempts over past decades, in an inception workshop in Juba last October where paramount chiefs, government officials and community leaders came together to initiate the process; these discussions were subsequently trickled down to various counties across Jonglei, Unity and Upper Nile states.

These discussions exposed major disconnects between formal law and current customary practices, gaps that not only keep women disadvantaged but also propagated harmful cultural practices such as exorbitant dowries. But the power of community collaboration when it came to providing justice for all cannot be overstated in South Sudan.

The United Nations Mission in South Sudan (UNMISS), therefore, facilitated and provided legal advice during the meetings headed by the Naath Law Review Committee

“As women, we traditionally sit together and discuss which laws are good for us. We also go to payams to raise awareness on revenge killings, visit prisoners and advise incarcerated women. Therefore, we were very happy to participate in reviewing and passing the Naath law,” revealed Mary Nyathum Kher, Chair of the Akobo Women’s Association during a local reform meeting.

Across these states, Committee members critically evaluated and revised a complex system of customary law that had been developed over centuries, coming up with a version that is fit for purpose today. For example, the updated Naath law has placed a cap on dowry, recognized child rights and abolished forced marriages.

Although reforms like this do not eliminate inherent challenges in navigating customary law, they are expected to ease them.

“What makes this reform such a groundbreaking initiative is that it is one of the few examples where it was possible to create pathways for a harmonious balancing between customary and statutory law,” explains Anees Ahmed, Chief of UNMISS Rule of Law section.

The creation of such commonly agreed upon justice infrastructures are an important step towards a better future for all South Sudanese.