Transitional Constitution of the Republic of South Sudan 2011, as amended to 2013


Affirmative Action (Broadly)

(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Affirmative Action (Broadly)

(6) There shall be a substantial representation of women in the Judiciary having regard to competence, integrity, credibility and impartiality.
… (Art. 122)

Affirmative Action (Broadly)

(1) The Civil Service shall be governed by, inter alia, the following values and Principles:

(i) Civil Service shall be broadly representative of the people of South Sudan, with employment and personnel management practices based on ability, objectivity, fair competition for jobs, and the need to redress any imbalances of the past to achieve broad representation through affirmative action;
… (Art. 139)

Affirmative Action (Broadly)

(1) The National Government shall establish independent institutions and commissions as provided for by this Constitution. Such institutions and commissions shall perform their functions and duties impartially and without interference from any person or authority.

(3) The National Government shall ensure that at least twenty-five percent of the membership of each of these institutions and commissions shall be women. (Art. 142)

Affirmative Action (Broadly)

(6) The objects of local government shall be to:

(h) ensure gender mainstreaming in local government;
… (Art. 166)

Affirmative Action (Broadly)

(1) There shall be established by the President of the Republic a Commission to be known as National Constitutional Review Commission within six months from coming into force of this constitution.

(5) The Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable participation. Each member of the Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.
… (Art. 202)

Affirmative Action (Broadly)

The National and state governments shall have legislative and executive competences on any of the matters listed below:

18. Empowerment of women;
19. Gender policy;
… (Schedule (C): Concurrent Powers)

Citizenship and Nationality

(1) Every person born to a South Sudanese mother or father shall have an inalienable right to enjoy South Sudanese citizenship and nationality.
(2) Citizenship is the basis of equal rights and duties for all South Sudanese.
(3) Every citizen shall enjoy all the rights guaranteed by this Constitution.
(4) The law shall regulate citizenship and naturalization; no naturalized citizen shall be deprived of his or her acquired citizenship except in accordance with the law.
(5) A South Sudanese national may acquire the nationality of another country as shall be prescribed by law.
(6) A non-South Sudanese may acquire the nationality of South Sudan by naturalization as shall be prescribed by law. (Art. 45)

Citizenship and Nationality

The exclusive legislative and executive powers of the National Government shall be as follows:

4. Nationality and Naturalization;
… (Schedule (A): National Powers)

Jurisdiction and Access

(1) The Supreme Court shall be the custodian of this Constitution and the constitutions of the states.
(2) The Supreme Court shall exercise competences as follows:
(a) interpret constitutional provisions at the instance of the President, Government of South Sudan, any state government, or any of the two Houses of the National Legislature;
(b) be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
(c) have original jurisdiction to decide on disputes that arise under this Constitution and the constitutions of states at the instance of individuals, juridical entities or governments;
(d) adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that are inconsistent with this Constitution or the constitutions of the states to the extent of the inconsistency;
(e) be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under the law;
(f) have criminal jurisdiction over the President in accordance with Article 103 (2) herein;
(g) have criminal jurisdiction over the Vice President, the Speakers of the National Legislative Assembly and the Council of States and the Justices of the Supreme Court;
(h) review death sentences imposed by courts in respect of offences committed under the law;
(i) receive appeals against decisions and judgments of the courts of appeal;
(j) have original and final jurisdiction to resolve disputes between the states and between the National Government and a state in respect of areas of exclusive, concurrent or residual competences;
(k) uphold and protect human rights and fundamental freedoms; and
(l) have such other competences as prescribed by this Constitution and the law.
… (Art. 126)

Death Penalty

(3) No death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation. (Art. 21)

Education

(1) Education is a right for every citizen and all levels of government shall provide access to education without discrimination as to religion, race, ethnicity, health status including HIV/AIDS, gender or disability.
(2) All levels of government shall promote education at all levels and shall ensure free and compulsory education at the primary level; they shall also provide free illiteracy eradication programmes. (Art. 29)

Education

(2) The National Government shall:

(b) endeavour to avail the necessary financial resources to make education affordable at secondary and higher levels, including technical and vocational training, in order to bridge the educational gap caused by the collapse of educational services during the years of conflict.
… (Art. 38)

Education

The exclusive executive and legislative powers of a state shall be as follows:

19. Pre-school, primary and secondary education;
… (Schedule (B), Powers of States)

Education

The National and state governments shall have legislative and executive competences on any of the matters listed below:

2. Tertiary education and scientific research;
… (Schedule (C): Concurrent Powers)

Employment Rights and Protection

(2) Women shall have the right to equal pay for equal work and other related benefits with men.
… (Art. 16)

Equality and Non-Discrimination

… Recalling our long and heroic struggle for justice, freedom, equality and dignity in South Sudan; …
Determined to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law;
Committed to establishing a decentralized democratic multi-party system of governance in which power shall be peacefully transferred and to upholding values of human dignity and equal rights and duties of men and women; … (Preamble)

Equality and Non-Discrimination

(5) South Sudan is founded on justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms. (Art. 1)

Equality and Non-Discrimination

(1) The Bill of Rights is a covenant among the people of South Sudan and between them and their government at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy. … (Art. 9)

Equality and Non-Discrimination

All persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status. (Art. 14)

Equality and Non-Discrimination

(1) Women shall be accorded full and equal dignity of the person with men.
… (Art. 16)

Equality and Non-Discrimination

(5) In adjudicating cases of both civil and criminal nature, the courts shall, subject to the law, apply, inter alia, the following principles:
(a) justice shall be done to all irrespective of their social¸ political or economic status, gender, religion or beliefs;
… (Art. 122)

Obligations of the State

… Determined to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law;
Committed to establishing a decentralized democratic multi-party system of governance in which power shall be peacefully transferred and to upholding values of human dignity and equal rights and duties of men and women;
… (Preamble)

Obligations of the State

(5) South Sudan is founded on justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms. (Art. 1)

Obligations of the State

(1) The Bill of Rights is a covenant among the people of South Sudan and between them and their government at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy.
(2) The rights and freedoms of individuals and groups enshrined in this Bill shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.
(3) All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified or acceded to by the Republic of South Sudan shall be an integral part of this Bill.
(4) This Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commission. (Art. 9)

Obligations of the State

(1) The following principles shall guide the devolution and exercise of powers:

(b) acknowledgement of the roles of the National Government and the states in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms;
… (Art. 48)

Obligations of the State

(1) The primary responsibilities of the National Government shall be, inter alia:

(e) ensuring the protection of the rights and interests of the people. (Art. 53)

Obligations of the State

(4) Each state government shall exercise such other powers as shall promote the welfare of the people of that state and to protect their human rights and fundamental freedoms as are provided for in this Constitution.
… (Art. 163)

Obligations of Private Parties

(2) The rights and freedoms of individuals and groups enshrined in this Bill shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.
… (Art. 9)

Obligations of Private Parties

(2) Every citizen shall in particular:

(j) respect the rights and freedoms of others. (Art. 46)

Judicial Protection

(4) This Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commission. (Art. 9)

Judicial Protection

Subject to Article 190 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Supreme Court and other competent courts; the Human Rights Commission shall monitor its application in accordance with this Constitution and the law. (Art. 10)

Judicial Protection

(1) The Supreme Court shall be the custodian of this Constitution and the constitutions of the states.
(2) The Supreme Court shall exercise competences as follows:

(k) uphold and protect human rights and fundamental freedoms;
… (Art. 126)

National Human Rights Bodies

(4) This Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commission. (Art. 9)

National Human Rights Bodies

Subject to Article 190 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Supreme Court and other competent courts; the Human Rights Commission shall monitor its application in accordance with this Constitution and the law. (Art. 10)

National Human Rights Bodies

(1) There shall be established an independent commission to be known as the Human Rights Commission.

(4) The Commission shall have power to issue summons or other orders requiring representatives of relevant institutions and other bodies at all levels of government or persons or organizations to appear before it or produce any document or record relevant to any investigation by the Commission.
(5) The Commission may request a government representative or any person or organization to take part in its deliberations if and when necessary. (Art. 145)

National Human Rights Bodies

(1) The functions of the Commission shall be to:
(a) monitor the application and enforcement of the rights and freedoms enshrined in this Constitution;
(b) investigate, on its own initiative, or on a complaint made by any person or group of persons, against any violation of human rights and fundamental freedoms;
(c) visit police jails, prisons and related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations to the relevant authority;
(d) establish a continuing programme of research, education and information to enhance respect for human rights and fundamental freedoms;
(e) recommend to the National Legislative Assembly effective measures to promote human rights and fundamental freedoms;
(f) create and sustain within society awareness of the provisions of this Constitution as the fundamental law of the people of South Sudan;
(g) educate and encourage the public to defend their human rights and fundamental freedoms against all forms of abuse and violation;
(h) formulate, implement and oversee programmes intended to inculcate in the citizens awareness of their civic responsibilities and understanding of their rights and obligations as citizens;
(i) monitor compliance of all levels of government with international and regional human rights treaties and conventions ratified by the Republic of South Sudan;
(j) express opinion or present advice to government organs on any issue related to human rights and fundamental freedoms; and
(k) perform such other function as may be prescribed by law.
… (Art. 146)

Limitations and/or Derogations

Subject to Article 190 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. … (Art. 10)

Limitations and/or Derogations

During a state of emergency, the President may, by law or orders, take any measures that shall not derogate from the provisions of this Constitution except as provided herein:
(a) to suspend part of the Bill of Rights. However, there shall be no infringement on the right to life, prohibition against slavery, prohibition against torture, the right of non-discrimination on the basis of race, sex, religious creed, the right to litigation or the right to fair trial;
(b) to dissolve or suspend any institution of the National Executive;
(c) to dissolve or suspend any of the state organs or suspend such powers conferred upon the states under this Constitution; and
(d) to take any such measures as deemed necessary to the state of emergency, which shall have the force of law. (Art. 190)

Marriage and Family Life

Every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry. (Art. 15)

Marriage and Family Life

(4) All levels of government shall:

(c) provide maternity and child care and medical care for pregnant and lactating women.
… (Art. 16)

Marriage and Family Life

(1) Every child has the right:

(c) to know and be cared for by his or her parents or legal guardian;
… (Art. 17)

Marriage and Family Life

(3) No death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation. (Art. 21)

Marriage and Family Life

The privacy of all persons shall be inviolable; no person shall be subjected to interference with his or her private life, family, home or correspondence, save in accordance with the law. (Art. 22)

Marriage and Family Life

(1) Family is the natural and fundamental unit of society and shall be protected by law.
(2) All levels of government shall promote the welfare of the family and enact the necessary laws for its protection.
(3) It is the right and duty of parents to care for and bring up their children.
(4) Children shall not be separated from their parents or persons legally entitled to care for them against the will of such parents or persons, except in accordance with the law. (Art. 39)

Marriage and Family Life

The exclusive executive and legislative powers of a state shall be as follows:

16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
… (Schedule (B). Powers of States)

Marriage and Family Life

The National and state governments shall have legislative and executive competences on any of the matters listed below:

23. Mother, Childcare and protection;
… (Schedule (C). Concurrent Powers)

Minorities

Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law. (Art. 33)

Participation in Public Life and Institutions

(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Participation in Public Life and Institutions

(1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this Constitution and the law.
… (Art. 26)

Participation in Public Life and Institutions

(2) All levels of government shall:

(d) encourage private initiative and self-reliance and take all necessary steps to involve the people in the formulation and implementation of development plans and programmes that affect them and to enhance as well their right to equal opportunities in development;
… (Art. 37)

Participation in Public Life and Institutions

(6) There shall be a substantial representation of women in the Judiciary having regard to competence, integrity, credibility and impartiality. … (Art. 122)

Participation in Public Life and Institutions

(1) The Civil Service shall be governed by, inter alia, the following values and Principles:

(i) Civil Service shall be broadly representative of the people of South Sudan, with employment and personnel management practices based on ability, objectivity, fair competition for jobs, and the need to redress any imbalances of the past to achieve broad representation through affirmative action;
… (Art. 139)

Participation in Public Life and Institutions

(1) The National Government shall establish independent institutions and commissions as provided for by this Constitution. Such institutions and commissions shall perform their functions and duties impartially and without interference from any person or authority.
(2) The National Government may establish other institutions and commissions compatible with its powers as it deems necessary to promote the welfare of its people, good governance and justice.
(3) The National Government shall ensure that at least twenty-five percent of the membership of each of these institutions and commissions shall be women. (Art. 142)

Participation in Public Life and Institutions

(6) The objects of local government shall be to:

(h) ensure gender mainstreaming in local government;
… (Art. 166)

Participation in Public Life and Institutions

(1) There shall be established by the President of the Republic a Commission to be known as National Constitutional Review Commission within six months from coming into force of this constitution.

(5) The Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable participation. Each member of the Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.
… (Art. 202)

Participation in Public Life and Institutions

(1) Upon the presentation of the Draft Constitutional Text and Explanatory Report by the Commission, the President of the Republic shall, after consultation with relevant stakeholders, constitute and convene a National Constitutional Conference comprising delegates representing the following categories:
(a) Political Parties;
(b) civil society organizations;
(c) women organizations;
(d) youth organizations;
(e) faith-based organizations;
(f) people with special needs;
(g) Traditional Leaders;
(h) war widows, veterans and war wounded;
(i) business leaders;
(j) trade unions;
(k) professional associations;
(l) the academia; and
(m) other categories to be determined.
… (Art. 203)

Political Rights and Association

(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Political Rights and Association

(1) The right to peaceful assembly is recognized and guaranteed; every person shall have the right to freedom of association with others, including the right to form or join political parties, associations and trade or professional unions for the protection of his or her interests.
… (Art. 25)

Political Rights and Association

(1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this Constitution and the law.
(2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law. (Art. 26)

National level

(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

National level

(3) The President shall ensure that at least twenty-five percent of members of the Council of Ministers are women. (Art. 108)

Subnational levels

(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Subnational levels

(7) In fulfillment of the principle of affirmative action, women shall be allocated at least twenty-five per cent of the seats and positions in each legislative and each executive organ of each state, without prejudice to their right to compete for the remaining seats and positions in such organs. (Art. 163)

Political Parties

(2) Formation and registration of political parties, associations and trade unions shall be regulated by law as is necessary in a democratic society.
(3) No association shall function as a political party at the National or state level unless it has:
(a) its membership open to any South Sudanese irrespective of religion, gender, ethnic origin or place of birth;
(b) a programme that does not contradict the provisions of this Constitution;
(c) a democratically elected leadership and institutions; and
(d) disclosed and transparent sources of funding. (Art. 25)

Electoral Bodies

(1) There shall be established within one month after enactment of the National Election Law, an Independent Commission which shall be known as the National Elections Commission.

(4) The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law. (Art. 197)

Head of State

There shall be established in the Republic of South Sudan a National Executive consisting of the President, Vice President, Ministers, and Deputy Ministers. (Art. 95)

Head of State

(1) There shall be a President for the Republic of South Sudan who shall be directly elected by the people of South Sudan in general elections according to this Constitution and the provisions set forth by the National Elections Commission in accordance with the electoral law.

(3) The President of the Republic of South Sudan is the head of State and Government, the Commander-in-Chief of the Sudan People’s Liberation Army and the Supreme Commander of all the other regular forces. He or she represents the will of the people, and shall exercise the powers vested in the office of the President by this Constitution.
… (Art. 97)

Head of State

A candidate for the office of the President shall:
(a) be a South Sudanese by birth;
(b) be of sound mind;
(c) be at least forty years of age;
(d) be literate; and
(e) not have been convicted of an offence involving honesty or moral turpitude. (Art. 98)

Vice-President

There shall be established in the Republic of South Sudan a National Executive consisting of the President, Vice President, Ministers, and Deputy Ministers. (Art. 95)

Vice-President

A candidate for the office of the President shall:
(a) be a South Sudanese by birth;
(b) be of sound mind;
(c) be at least forty years of age;
(d) be literate; and
(f) not have been convicted of an offence involving honesty or moral turpitude. (Art. 98)

Vice-President

(1) The Vice President shall be appointed by the President subject to approval by a two-thirds majority of all members of the National Legislative Assembly.

(3) The Vice President shall fulfill the conditions of eligibility for the office of the President as prescribed by this Constitution.
… (Art. 104)

Government

(1) There shall be established a National Council of Ministers.
(2) The National Council of Ministers shall compose of the President, the Vice President and Ministers.
(3) The President shall ensure that at least twenty-five percent of members of the Council of Ministers are women. (Art. 108)

Government

(1) Ministers of the National Government shall be appointed and removed from office by the President.
(2) Appointment of the Ministers of the National Government shall be approved by a resolution of the National Legislative Assembly adopted by a simple majority vote of all members.
(3) Ministers of the National Government shall be selected with due regard to the need for inclusiveness based on integrity, competence, ethnic and regional diversity and gender. (Art. 112)

Legislature

(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Legislature

(1) There shall be established a National Legislature composed of the following:
(a) the National Legislative Assembly; and
(b) the Council of States.
… (Art. 54)

Legislature

(1) (a) Members of the National Legislative Assembly shall be elected through universal adult suffrage in free and fair elections and by secret ballot;
(b) The National Elections Law shall determine the number of members and composition of the National Assembly.
(2) Notwithstanding the provisions of Article (1) above, during the transitional period the National Assembly shall consist of:
(a) all members of the Southern Sudan Legislative Assembly;
(b) all ninety six South Sudanese who were members of the National Assembly of the Republic of Sudan, by virtue of their membership in that Assembly; and
(c) such additional number of members appointed by the President not exceeding sixty-six.
… (Art. 56)

Legislature

The Council of States shall consist of:
(1) (a) Members of the Council of States shall be elected through their respective States Assemblies; and
(b) The National Elections Law shall determine the number of members of the Council of States.
(2) Notwithstanding the provisions of Article (1) above, during the transitional period, the Council of States shall consist of:
(a) all South Sudanese who were representatives in the Council of States of the Republic of Sudan, by virtue of their membership in that Council; and
(b) thirty (30) members appointed by the President. (Art. 58)

Legislature

(1) A candidate for membership of the National Legislature shall:
(a) be a South Sudanese;
(b) be at least twenty-one years of age;
(c) be of sound mind;
(d) be literate; and
(e) not have been convicted during the last seven years of an offence involving honesty or moral turpitude.
… (Art. 62)

Property, Inheritance and Land Tenure

(5) Women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. (Art. 16)

Property, Inheritance and Land Tenure

(1) Every person shall have the right to acquire or own property as regulated by law.
… (Art. 28)

Property, Inheritance and Land Tenure

(1) The regulation of land tenure, usage and exercise of rights thereon shall be governed by this Constitution and the law.
(2) Without prejudice to sub-Article (4) below, the land tenure system in South Sudan shall consist of:
(a) public land;
(b) community land; and
(c) private land.

(5) Community land shall include all lands traditionally and historically held or used by local communities or their members. They shall be defined, held, managed and protected by law.
(6) Private land shall include:
(a) registered land held by any person under leasehold tenure in accordance with the law;
(b) investment land acquired under lease from the Government or community for purposes of social and economic development in accordance with the law; and
(c) any other land designated as private land by law.
(7) Rights in land and resources owned, held or otherwise acquired by the Government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law.
(8) All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage.
(9) Communities and persons enjoying rights in land shall be consulted in decisions that may affect their rights in lands and resources.
(10) Communities and persons enjoying rights in land shall be entitled to prompt and equitable compensation on just terms arising from acquisition or development of land in their areas in the public interest. (Art. 171)

Property, Inheritance and Land Tenure

The exclusive executive and legislative powers of a state shall be as follows:

16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
… (Schedule (B). Powers of States)

Property, Inheritance and Land Tenure

The National and state governments shall have legislative and executive competences on any of the matters listed below:

27. Regulation of land tenure, usage and exercise of rights in land;
… (Schedule (C): Concurrent Powers)

Protection from Violence

Every person has the inherent right to life, dignity and the integrity of his or her person which shall be protected by law; no one shall be arbitrarily deprived of his or her life. (Art. 11)

Protection from Violence

Every person has the right to liberty and security of person; … (Art. 12)

Protection from Violence

(1) Slavery and slave trade in all form are prohibited. No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced or compulsory labour except as a penalty upon conviction by a competent court of law. (Art. 13)

Protection from Violence

(1) Every child has the right:

(d) not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which may be hazardous or harmful to his or her education, health or well-being;

(f) to be free from corporal punishment and cruel and inhuman treatment by any person including parents, school administrations and other institutions;
(g) not to be subjected to negative and harmful cultural practices which affect his or her health, welfare or dignity; and
(h) to be protected from abduction and trafficking.
… (Art. 17)

Protection from Violence

No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (Art. 18)

Protection from Violence

All levels of government shall:
(a) adopt policies and provide facilities for the welfare of children and youth and ensure that they develop morally and physically, and are protected from moral and physical abuse and abandonment;
… (Art. 40)

Public Institutions and Services

(4) All levels of government shall:

(c) provide maternity and child care and medical care for pregnant and lactating women.
… (Art. 16)

Public Institutions and Services

(1) The principal objective of the economic development strategy shall be the:
(a) eradication of poverty;
(b) attainment of the Millennium Development Goals;
(c) guaranteeing the equitable distribution of wealth;
(d) redressing imbalances of income; and
(e) achieving a decent standard of life for the people of South Sudan.

(3) The State shall ensure that National wealth is equitably shared among all levels of government for the welfare of the people. (Art. 37)

Public Institutions and Services

(1) The Civil Service shall be governed by, inter alia, the following values and Principles:

(d) services shall be provided to all persons impartially, fairly, equitably and without bias or discrimination on the basis of religion, ethnicity, region, gender, health status or physical disability;
… (Art. 139)

Public Institutions and Services

(4) The National Government shall endeavour to build institutional, human, social and economic capacity, develop infrastructure and social services and raise the standard of public services to attain the Millennium Development Goals.

(6) National wealth and other resources shall be allocated in a manner that will enable each level of government to discharge its legal and constitutional responsibilities and duties and ensure that the quality of life and dignity of all the people are promoted without discrimination on grounds of gender, religion, political affiliation, ethnicity, language or locality.
… (Art. 169)

Status of the Constitution

… Do hereby, through this Southern Sudan Legislative Assembly, amend the Interim Constitution of Southern Sudan, 2005, which shall be adopted and hereafter referred to as the “Transitional Constitution of the Republic of South Sudan, 2011,” and shall be the supreme law by which the independent and sovereign South Sudan shall be governed during the Transitional Period, and undertake to abide by, respect and defend it. (Preamble)

Status of the Constitution

(1) This Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions, organs and agencies of government throughout the Country.
(2) The authority of government at all levels shall derive from this Constitution and the law.
(3) The states’ constitutions and all laws shall conform to this Constitution. (Art. 3)

Status of the Constitution

(1) It shall be the duty of every citizen to uphold and abide by this Constitution and respect the laws of South Sudan.
… (Art. 46)

Status of International Law

(3) All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified or acceded to by the Republic of South Sudan shall be an integral part of this Bill.2
… (Art. 9)

Status of International Law

(1) The functions of the [Human Rights] Commission shall be to:

(i) monitor compliance of all levels of government with international and regional human rights treaties and conventions ratified by the Republic of South Sudan;
… (Art. 146)

Religious Law

(1) Religion and State shall be separate.
(2) All religions shall be treated equally and religion or religious beliefs shall not be used for divisive purposes. (Art. 8)

Customary Law

The sources of legislation in South Sudan shall be:
(a) this Constitution;
(b) customs and traditions of the people;
(c) the will of the people; and
(d) any other relevant source. (Art. 5)

Customary Law

(4) All levels of government shall:
...
(b) enact laws to combat harmful customs and traditions which undermine the dignity and status of women;
… (Art. 16)

Customary Law

Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law. (Art. 33)

Customary Law

(1) Judicial power is derived from the people and shall be exercised by the courts in accordance with the customs, values, norms and aspirations of the people and in conformity with this Constitution and the law.
… (Art. 122)

Customary Law

(2) The Supreme Court shall exercise competences as follows:

(b) be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
… (Art. 126)

Customary Law

(6) The objects of local government shall be to:

(i) acknowledge and incorporate the role of Traditional Authority and customary law in the local government system;
… (Art. 166)

Customary Law

(1) The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.
(2) Traditional Authority shall function in accordance with this Constitution, the state constitutions and the law.
(3) The courts shall apply customary law subject to this Constitution and the law. (Art. 167)

Customary Law

(1) Legislation of the states shall provide for the role of Traditional Authority as an institution at local government level on matters affecting local communities.
(2) Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of councils for Traditional Authority leaders. (Art. 168)

Customary Law

(7) Rights in land and resources owned, held or otherwise acquired by the Government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law.
(8) All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage.
… (Art. 171)

Customary Law

The exclusive executive and legislative powers of a state shall be as follows:

30. Traditional Authority and customary law;
...
42. Customary law courts. (Schedule (B), Powers of States)

Women’s Rights

(1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal pay for equal work and other related benefits with men.
(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
(b) enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and
(c) provide maternity and child care and medical care for pregnant and lactating women.
(5) Women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. (Art. 16)

Affirmative Action (Broadly)

English

(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Affirmative Action (Broadly)

English

(6) There shall be a substantial representation of women in the Judiciary having regard to competence, integrity, credibility and impartiality.
… (Art. 122)

Affirmative Action (Broadly)

English

(1) The Civil Service shall be governed by, inter alia, the following values and Principles:

(i) Civil Service shall be broadly representative of the people of South Sudan, with employment and personnel management practices based on ability, objectivity, fair competition for jobs, and the need to redress any imbalances of the past to achieve broad representation through affirmative action;
… (Art. 139)

Affirmative Action (Broadly)

English

(1) The National Government shall establish independent institutions and commissions as provided for by this Constitution. Such institutions and commissions shall perform their functions and duties impartially and without interference from any person or authority.

(3) The National Government shall ensure that at least twenty-five percent of the membership of each of these institutions and commissions shall be women. (Art. 142)

Affirmative Action (Broadly)

English

(6) The objects of local government shall be to:

(h) ensure gender mainstreaming in local government;
… (Art. 166)

Affirmative Action (Broadly)

English

(1) There shall be established by the President of the Republic a Commission to be known as National Constitutional Review Commission within six months from coming into force of this constitution.

(5) The Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable participation. Each member of the Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.
… (Art. 202)

Affirmative Action (Broadly)

English

The National and state governments shall have legislative and executive competences on any of the matters listed below:

18. Empowerment of women;
19. Gender policy;
… (Schedule (C): Concurrent Powers)

Citizenship and Nationality

English

(1) Every person born to a South Sudanese mother or father shall have an inalienable right to enjoy South Sudanese citizenship and nationality.
(2) Citizenship is the basis of equal rights and duties for all South Sudanese.
(3) Every citizen shall enjoy all the rights guaranteed by this Constitution.
(4) The law shall regulate citizenship and naturalization; no naturalized citizen shall be deprived of his or her acquired citizenship except in accordance with the law.
(5) A South Sudanese national may acquire the nationality of another country as shall be prescribed by law.
(6) A non-South Sudanese may acquire the nationality of South Sudan by naturalization as shall be prescribed by law. (Art. 45)

Citizenship and Nationality

English

The exclusive legislative and executive powers of the National Government shall be as follows:

4. Nationality and Naturalization;
… (Schedule (A): National Powers)

Jurisdiction and Access

English

(1) The Supreme Court shall be the custodian of this Constitution and the constitutions of the states.
(2) The Supreme Court shall exercise competences as follows:
(a) interpret constitutional provisions at the instance of the President, Government of South Sudan, any state government, or any of the two Houses of the National Legislature;
(b) be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
(c) have original jurisdiction to decide on disputes that arise under this Constitution and the constitutions of states at the instance of individuals, juridical entities or governments;
(d) adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that are inconsistent with this Constitution or the constitutions of the states to the extent of the inconsistency;
(e) be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under the law;
(f) have criminal jurisdiction over the President in accordance with Article 103 (2) herein;
(g) have criminal jurisdiction over the Vice President, the Speakers of the National Legislative Assembly and the Council of States and the Justices of the Supreme Court;
(h) review death sentences imposed by courts in respect of offences committed under the law;
(i) receive appeals against decisions and judgments of the courts of appeal;
(j) have original and final jurisdiction to resolve disputes between the states and between the National Government and a state in respect of areas of exclusive, concurrent or residual competences;
(k) uphold and protect human rights and fundamental freedoms; and
(l) have such other competences as prescribed by this Constitution and the law.
… (Art. 126)

Death Penalty

English

(3) No death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation. (Art. 21)

Education

English

(1) Education is a right for every citizen and all levels of government shall provide access to education without discrimination as to religion, race, ethnicity, health status including HIV/AIDS, gender or disability.
(2) All levels of government shall promote education at all levels and shall ensure free and compulsory education at the primary level; they shall also provide free illiteracy eradication programmes. (Art. 29)

Education

English

(2) The National Government shall:

(b) endeavour to avail the necessary financial resources to make education affordable at secondary and higher levels, including technical and vocational training, in order to bridge the educational gap caused by the collapse of educational services during the years of conflict.
… (Art. 38)

Education

English

The exclusive executive and legislative powers of a state shall be as follows:

19. Pre-school, primary and secondary education;
… (Schedule (B), Powers of States)

Education

English

The National and state governments shall have legislative and executive competences on any of the matters listed below:

2. Tertiary education and scientific research;
… (Schedule (C): Concurrent Powers)

Employment Rights and Protection

English

(2) Women shall have the right to equal pay for equal work and other related benefits with men.
… (Art. 16)

Equality and Non-Discrimination

English

… Recalling our long and heroic struggle for justice, freedom, equality and dignity in South Sudan; …
Determined to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law;
Committed to establishing a decentralized democratic multi-party system of governance in which power shall be peacefully transferred and to upholding values of human dignity and equal rights and duties of men and women; … (Preamble)

Equality and Non-Discrimination

English

(5) South Sudan is founded on justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms. (Art. 1)

Equality and Non-Discrimination

English

(1) The Bill of Rights is a covenant among the people of South Sudan and between them and their government at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy. … (Art. 9)

Equality and Non-Discrimination

English

All persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status. (Art. 14)

Equality and Non-Discrimination

English

(1) Women shall be accorded full and equal dignity of the person with men.
… (Art. 16)

Equality and Non-Discrimination

English

(5) In adjudicating cases of both civil and criminal nature, the courts shall, subject to the law, apply, inter alia, the following principles:
(a) justice shall be done to all irrespective of their social¸ political or economic status, gender, religion or beliefs;
… (Art. 122)

Obligations of the State

English

… Determined to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law;
Committed to establishing a decentralized democratic multi-party system of governance in which power shall be peacefully transferred and to upholding values of human dignity and equal rights and duties of men and women;
… (Preamble)

Obligations of the State

English

(5) South Sudan is founded on justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms. (Art. 1)

Obligations of the State

English

(1) The Bill of Rights is a covenant among the people of South Sudan and between them and their government at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy.
(2) The rights and freedoms of individuals and groups enshrined in this Bill shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.
(3) All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified or acceded to by the Republic of South Sudan shall be an integral part of this Bill.
(4) This Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commission. (Art. 9)

Obligations of the State

English

(1) The following principles shall guide the devolution and exercise of powers:

(b) acknowledgement of the roles of the National Government and the states in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms;
… (Art. 48)

Obligations of the State

English

(1) The primary responsibilities of the National Government shall be, inter alia:

(e) ensuring the protection of the rights and interests of the people. (Art. 53)

Obligations of the State

English

(4) Each state government shall exercise such other powers as shall promote the welfare of the people of that state and to protect their human rights and fundamental freedoms as are provided for in this Constitution.
… (Art. 163)

Obligations of Private Parties

English

(2) The rights and freedoms of individuals and groups enshrined in this Bill shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.
… (Art. 9)

Obligations of Private Parties

English

(2) Every citizen shall in particular:

(j) respect the rights and freedoms of others. (Art. 46)

Judicial Protection

English

(4) This Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commission. (Art. 9)

Judicial Protection

English

Subject to Article 190 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Supreme Court and other competent courts; the Human Rights Commission shall monitor its application in accordance with this Constitution and the law. (Art. 10)

Judicial Protection

English

(1) The Supreme Court shall be the custodian of this Constitution and the constitutions of the states.
(2) The Supreme Court shall exercise competences as follows:

(k) uphold and protect human rights and fundamental freedoms;
… (Art. 126)

National Human Rights Bodies

English

(4) This Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commission. (Art. 9)

National Human Rights Bodies

English

Subject to Article 190 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Supreme Court and other competent courts; the Human Rights Commission shall monitor its application in accordance with this Constitution and the law. (Art. 10)

National Human Rights Bodies

English

(1) There shall be established an independent commission to be known as the Human Rights Commission.

(4) The Commission shall have power to issue summons or other orders requiring representatives of relevant institutions and other bodies at all levels of government or persons or organizations to appear before it or produce any document or record relevant to any investigation by the Commission.
(5) The Commission may request a government representative or any person or organization to take part in its deliberations if and when necessary. (Art. 145)

National Human Rights Bodies

English

(1) The functions of the Commission shall be to:
(a) monitor the application and enforcement of the rights and freedoms enshrined in this Constitution;
(b) investigate, on its own initiative, or on a complaint made by any person or group of persons, against any violation of human rights and fundamental freedoms;
(c) visit police jails, prisons and related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations to the relevant authority;
(d) establish a continuing programme of research, education and information to enhance respect for human rights and fundamental freedoms;
(e) recommend to the National Legislative Assembly effective measures to promote human rights and fundamental freedoms;
(f) create and sustain within society awareness of the provisions of this Constitution as the fundamental law of the people of South Sudan;
(g) educate and encourage the public to defend their human rights and fundamental freedoms against all forms of abuse and violation;
(h) formulate, implement and oversee programmes intended to inculcate in the citizens awareness of their civic responsibilities and understanding of their rights and obligations as citizens;
(i) monitor compliance of all levels of government with international and regional human rights treaties and conventions ratified by the Republic of South Sudan;
(j) express opinion or present advice to government organs on any issue related to human rights and fundamental freedoms; and
(k) perform such other function as may be prescribed by law.
… (Art. 146)

Limitations and/or Derogations

English

Subject to Article 190 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. … (Art. 10)

Limitations and/or Derogations

English

During a state of emergency, the President may, by law or orders, take any measures that shall not derogate from the provisions of this Constitution except as provided herein:
(a) to suspend part of the Bill of Rights. However, there shall be no infringement on the right to life, prohibition against slavery, prohibition against torture, the right of non-discrimination on the basis of race, sex, religious creed, the right to litigation or the right to fair trial;
(b) to dissolve or suspend any institution of the National Executive;
(c) to dissolve or suspend any of the state organs or suspend such powers conferred upon the states under this Constitution; and
(d) to take any such measures as deemed necessary to the state of emergency, which shall have the force of law. (Art. 190)

Marriage and Family Life

English

Every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry. (Art. 15)

Marriage and Family Life

English

(4) All levels of government shall:

(c) provide maternity and child care and medical care for pregnant and lactating women.
… (Art. 16)

Marriage and Family Life

English

(1) Every child has the right:

(c) to know and be cared for by his or her parents or legal guardian;
… (Art. 17)

Marriage and Family Life

English

(3) No death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation. (Art. 21)

Marriage and Family Life

English

The privacy of all persons shall be inviolable; no person shall be subjected to interference with his or her private life, family, home or correspondence, save in accordance with the law. (Art. 22)

Marriage and Family Life

English

(1) Family is the natural and fundamental unit of society and shall be protected by law.
(2) All levels of government shall promote the welfare of the family and enact the necessary laws for its protection.
(3) It is the right and duty of parents to care for and bring up their children.
(4) Children shall not be separated from their parents or persons legally entitled to care for them against the will of such parents or persons, except in accordance with the law. (Art. 39)

Marriage and Family Life

English

The exclusive executive and legislative powers of a state shall be as follows:

16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
… (Schedule (B). Powers of States)

Marriage and Family Life

English

The National and state governments shall have legislative and executive competences on any of the matters listed below:

23. Mother, Childcare and protection;
… (Schedule (C). Concurrent Powers)

Minorities

English

Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law. (Art. 33)

Participation in Public Life and Institutions

English

(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Participation in Public Life and Institutions

English

(1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this Constitution and the law.
… (Art. 26)

Participation in Public Life and Institutions

English

(2) All levels of government shall:

(d) encourage private initiative and self-reliance and take all necessary steps to involve the people in the formulation and implementation of development plans and programmes that affect them and to enhance as well their right to equal opportunities in development;
… (Art. 37)

Participation in Public Life and Institutions

English

(6) There shall be a substantial representation of women in the Judiciary having regard to competence, integrity, credibility and impartiality. … (Art. 122)

Participation in Public Life and Institutions

English

(1) The Civil Service shall be governed by, inter alia, the following values and Principles:

(i) Civil Service shall be broadly representative of the people of South Sudan, with employment and personnel management practices based on ability, objectivity, fair competition for jobs, and the need to redress any imbalances of the past to achieve broad representation through affirmative action;
… (Art. 139)

Participation in Public Life and Institutions

English

(1) The National Government shall establish independent institutions and commissions as provided for by this Constitution. Such institutions and commissions shall perform their functions and duties impartially and without interference from any person or authority.
(2) The National Government may establish other institutions and commissions compatible with its powers as it deems necessary to promote the welfare of its people, good governance and justice.
(3) The National Government shall ensure that at least twenty-five percent of the membership of each of these institutions and commissions shall be women. (Art. 142)

Participation in Public Life and Institutions

English

(6) The objects of local government shall be to:

(h) ensure gender mainstreaming in local government;
… (Art. 166)

Participation in Public Life and Institutions

English

(1) There shall be established by the President of the Republic a Commission to be known as National Constitutional Review Commission within six months from coming into force of this constitution.

(5) The Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable participation. Each member of the Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.
… (Art. 202)

Participation in Public Life and Institutions

English

(1) Upon the presentation of the Draft Constitutional Text and Explanatory Report by the Commission, the President of the Republic shall, after consultation with relevant stakeholders, constitute and convene a National Constitutional Conference comprising delegates representing the following categories:
(a) Political Parties;
(b) civil society organizations;
(c) women organizations;
(d) youth organizations;
(e) faith-based organizations;
(f) people with special needs;
(g) Traditional Leaders;
(h) war widows, veterans and war wounded;
(i) business leaders;
(j) trade unions;
(k) professional associations;
(l) the academia; and
(m) other categories to be determined.
… (Art. 203)

Political Rights and Association

English

(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Political Rights and Association

English

(1) The right to peaceful assembly is recognized and guaranteed; every person shall have the right to freedom of association with others, including the right to form or join political parties, associations and trade or professional unions for the protection of his or her interests.
… (Art. 25)

Political Rights and Association

English

(1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this Constitution and the law.
(2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law. (Art. 26)

National level

English

(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

National level

English

(3) The President shall ensure that at least twenty-five percent of members of the Council of Ministers are women. (Art. 108)

Subnational levels

English

(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Subnational levels

English

(7) In fulfillment of the principle of affirmative action, women shall be allocated at least twenty-five per cent of the seats and positions in each legislative and each executive organ of each state, without prejudice to their right to compete for the remaining seats and positions in such organs. (Art. 163)

Political Parties

English

(2) Formation and registration of political parties, associations and trade unions shall be regulated by law as is necessary in a democratic society.
(3) No association shall function as a political party at the National or state level unless it has:
(a) its membership open to any South Sudanese irrespective of religion, gender, ethnic origin or place of birth;
(b) a programme that does not contradict the provisions of this Constitution;
(c) a democratically elected leadership and institutions; and
(d) disclosed and transparent sources of funding. (Art. 25)

Electoral Bodies

English

(1) There shall be established within one month after enactment of the National Election Law, an Independent Commission which shall be known as the National Elections Commission.

(4) The structure, composition, functions, powers and terms and conditions of service of the Chairperson, Deputy Chairperson, Members and employees of the Commission shall be regulated by law. (Art. 197)

Head of State

English

There shall be established in the Republic of South Sudan a National Executive consisting of the President, Vice President, Ministers, and Deputy Ministers. (Art. 95)

Head of State

English

(1) There shall be a President for the Republic of South Sudan who shall be directly elected by the people of South Sudan in general elections according to this Constitution and the provisions set forth by the National Elections Commission in accordance with the electoral law.

(3) The President of the Republic of South Sudan is the head of State and Government, the Commander-in-Chief of the Sudan People’s Liberation Army and the Supreme Commander of all the other regular forces. He or she represents the will of the people, and shall exercise the powers vested in the office of the President by this Constitution.
… (Art. 97)

Head of State

English

A candidate for the office of the President shall:
(a) be a South Sudanese by birth;
(b) be of sound mind;
(c) be at least forty years of age;
(d) be literate; and
(e) not have been convicted of an offence involving honesty or moral turpitude. (Art. 98)

Vice-President

English

There shall be established in the Republic of South Sudan a National Executive consisting of the President, Vice President, Ministers, and Deputy Ministers. (Art. 95)

Vice-President

English

A candidate for the office of the President shall:
(a) be a South Sudanese by birth;
(b) be of sound mind;
(c) be at least forty years of age;
(d) be literate; and
(f) not have been convicted of an offence involving honesty or moral turpitude. (Art. 98)

Vice-President

English

(1) The Vice President shall be appointed by the President subject to approval by a two-thirds majority of all members of the National Legislative Assembly.

(3) The Vice President shall fulfill the conditions of eligibility for the office of the President as prescribed by this Constitution.
… (Art. 104)

Government

English

(1) There shall be established a National Council of Ministers.
(2) The National Council of Ministers shall compose of the President, the Vice President and Ministers.
(3) The President shall ensure that at least twenty-five percent of members of the Council of Ministers are women. (Art. 108)

Government

English

(1) Ministers of the National Government shall be appointed and removed from office by the President.
(2) Appointment of the Ministers of the National Government shall be approved by a resolution of the National Legislative Assembly adopted by a simple majority vote of all members.
(3) Ministers of the National Government shall be selected with due regard to the need for inclusiveness based on integrity, competence, ethnic and regional diversity and gender. (Art. 112)

Legislature

English

(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
… (Art. 16)

Legislature

English

(1) There shall be established a National Legislature composed of the following:
(a) the National Legislative Assembly; and
(b) the Council of States.
… (Art. 54)

Legislature

English

(1) (a) Members of the National Legislative Assembly shall be elected through universal adult suffrage in free and fair elections and by secret ballot;
(b) The National Elections Law shall determine the number of members and composition of the National Assembly.
(2) Notwithstanding the provisions of Article (1) above, during the transitional period the National Assembly shall consist of:
(a) all members of the Southern Sudan Legislative Assembly;
(b) all ninety six South Sudanese who were members of the National Assembly of the Republic of Sudan, by virtue of their membership in that Assembly; and
(c) such additional number of members appointed by the President not exceeding sixty-six.
… (Art. 56)

Legislature

English

The Council of States shall consist of:
(1) (a) Members of the Council of States shall be elected through their respective States Assemblies; and
(b) The National Elections Law shall determine the number of members of the Council of States.
(2) Notwithstanding the provisions of Article (1) above, during the transitional period, the Council of States shall consist of:
(a) all South Sudanese who were representatives in the Council of States of the Republic of Sudan, by virtue of their membership in that Council; and
(b) thirty (30) members appointed by the President. (Art. 58)

Legislature

English

(1) A candidate for membership of the National Legislature shall:
(a) be a South Sudanese;
(b) be at least twenty-one years of age;
(c) be of sound mind;
(d) be literate; and
(e) not have been convicted during the last seven years of an offence involving honesty or moral turpitude.
… (Art. 62)

Property, Inheritance and Land Tenure

English

(5) Women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. (Art. 16)

Property, Inheritance and Land Tenure

English

(1) Every person shall have the right to acquire or own property as regulated by law.
… (Art. 28)

Property, Inheritance and Land Tenure

English

(1) The regulation of land tenure, usage and exercise of rights thereon shall be governed by this Constitution and the law.
(2) Without prejudice to sub-Article (4) below, the land tenure system in South Sudan shall consist of:
(a) public land;
(b) community land; and
(c) private land.

(5) Community land shall include all lands traditionally and historically held or used by local communities or their members. They shall be defined, held, managed and protected by law.
(6) Private land shall include:
(a) registered land held by any person under leasehold tenure in accordance with the law;
(b) investment land acquired under lease from the Government or community for purposes of social and economic development in accordance with the law; and
(c) any other land designated as private land by law.
(7) Rights in land and resources owned, held or otherwise acquired by the Government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law.
(8) All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage.
(9) Communities and persons enjoying rights in land shall be consulted in decisions that may affect their rights in lands and resources.
(10) Communities and persons enjoying rights in land shall be entitled to prompt and equitable compensation on just terms arising from acquisition or development of land in their areas in the public interest. (Art. 171)

Property, Inheritance and Land Tenure

English

The exclusive executive and legislative powers of a state shall be as follows:

16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
… (Schedule (B). Powers of States)

Property, Inheritance and Land Tenure

English

The National and state governments shall have legislative and executive competences on any of the matters listed below:

27. Regulation of land tenure, usage and exercise of rights in land;
… (Schedule (C): Concurrent Powers)

Protection from Violence

English

Every person has the inherent right to life, dignity and the integrity of his or her person which shall be protected by law; no one shall be arbitrarily deprived of his or her life. (Art. 11)

Protection from Violence

English

Every person has the right to liberty and security of person; … (Art. 12)

Protection from Violence

English

(1) Slavery and slave trade in all form are prohibited. No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced or compulsory labour except as a penalty upon conviction by a competent court of law. (Art. 13)

Protection from Violence

English

(1) Every child has the right:

(d) not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which may be hazardous or harmful to his or her education, health or well-being;

(f) to be free from corporal punishment and cruel and inhuman treatment by any person including parents, school administrations and other institutions;
(g) not to be subjected to negative and harmful cultural practices which affect his or her health, welfare or dignity; and
(h) to be protected from abduction and trafficking.
… (Art. 17)

Protection from Violence

English

No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (Art. 18)

Protection from Violence

English

All levels of government shall:
(a) adopt policies and provide facilities for the welfare of children and youth and ensure that they develop morally and physically, and are protected from moral and physical abuse and abandonment;
… (Art. 40)

Public Institutions and Services

English

(4) All levels of government shall:

(c) provide maternity and child care and medical care for pregnant and lactating women.
… (Art. 16)

Public Institutions and Services

English

(1) The principal objective of the economic development strategy shall be the:
(a) eradication of poverty;
(b) attainment of the Millennium Development Goals;
(c) guaranteeing the equitable distribution of wealth;
(d) redressing imbalances of income; and
(e) achieving a decent standard of life for the people of South Sudan.

(3) The State shall ensure that National wealth is equitably shared among all levels of government for the welfare of the people. (Art. 37)

Public Institutions and Services

English

(1) The Civil Service shall be governed by, inter alia, the following values and Principles:

(d) services shall be provided to all persons impartially, fairly, equitably and without bias or discrimination on the basis of religion, ethnicity, region, gender, health status or physical disability;
… (Art. 139)

Public Institutions and Services

English

(4) The National Government shall endeavour to build institutional, human, social and economic capacity, develop infrastructure and social services and raise the standard of public services to attain the Millennium Development Goals.

(6) National wealth and other resources shall be allocated in a manner that will enable each level of government to discharge its legal and constitutional responsibilities and duties and ensure that the quality of life and dignity of all the people are promoted without discrimination on grounds of gender, religion, political affiliation, ethnicity, language or locality.
… (Art. 169)

Status of the Constitution

English

… Do hereby, through this Southern Sudan Legislative Assembly, amend the Interim Constitution of Southern Sudan, 2005, which shall be adopted and hereafter referred to as the “Transitional Constitution of the Republic of South Sudan, 2011,” and shall be the supreme law by which the independent and sovereign South Sudan shall be governed during the Transitional Period, and undertake to abide by, respect and defend it. (Preamble)

Status of the Constitution

English

(1) This Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions, organs and agencies of government throughout the Country.
(2) The authority of government at all levels shall derive from this Constitution and the law.
(3) The states’ constitutions and all laws shall conform to this Constitution. (Art. 3)

Status of the Constitution

English

(1) It shall be the duty of every citizen to uphold and abide by this Constitution and respect the laws of South Sudan.
… (Art. 46)

Status of International Law

English

(3) All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified or acceded to by the Republic of South Sudan shall be an integral part of this Bill.2
… (Art. 9)

Status of International Law

English

(1) The functions of the [Human Rights] Commission shall be to:

(i) monitor compliance of all levels of government with international and regional human rights treaties and conventions ratified by the Republic of South Sudan;
… (Art. 146)

Religious Law

English

(1) Religion and State shall be separate.
(2) All religions shall be treated equally and religion or religious beliefs shall not be used for divisive purposes. (Art. 8)

Customary Law

English

The sources of legislation in South Sudan shall be:
(a) this Constitution;
(b) customs and traditions of the people;
(c) the will of the people; and
(d) any other relevant source. (Art. 5)

Customary Law

English

(4) All levels of government shall:
...
(b) enact laws to combat harmful customs and traditions which undermine the dignity and status of women;
… (Art. 16)

Customary Law

English

Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law. (Art. 33)

Customary Law

English

(1) Judicial power is derived from the people and shall be exercised by the courts in accordance with the customs, values, norms and aspirations of the people and in conformity with this Constitution and the law.
… (Art. 122)

Customary Law

English

(2) The Supreme Court shall exercise competences as follows:

(b) be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
… (Art. 126)

Customary Law

English

(6) The objects of local government shall be to:

(i) acknowledge and incorporate the role of Traditional Authority and customary law in the local government system;
… (Art. 166)

Customary Law

English

(1) The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.
(2) Traditional Authority shall function in accordance with this Constitution, the state constitutions and the law.
(3) The courts shall apply customary law subject to this Constitution and the law. (Art. 167)

Customary Law

English

(1) Legislation of the states shall provide for the role of Traditional Authority as an institution at local government level on matters affecting local communities.
(2) Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of councils for Traditional Authority leaders. (Art. 168)

Customary Law

English

(7) Rights in land and resources owned, held or otherwise acquired by the Government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law.
(8) All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage.
… (Art. 171)

Customary Law

English

The exclusive executive and legislative powers of a state shall be as follows:

30. Traditional Authority and customary law;
...
42. Customary law courts. (Schedule (B), Powers of States)

Women’s Rights

English

(1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal pay for equal work and other related benefits with men.
(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions;
(b) enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and
(c) provide maternity and child care and medical care for pregnant and lactating women.
(5) Women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. (Art. 16)

1

Transitional Constitution of the Republic of South Sudan 2011, as amended to 2013. Transitional Constitution of the Republic of South Sudan 2011 (English); 2013 Amendment Act (English).
Links to all sites last visited 2 March 2016

2

Bill of Rights.