Transitional Constitution of the Republic of South Sudan 2011, as amended to 2020
Obligations of the State
  • English
    We, the People of 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)
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)
1
Constitution of the Republic of South Sudan, as amended to 2013 (English). Several amendments took place after 2013 that are yet to be incorporated into the Constitutional text.
Links to all sites last visited 31 March 2021
2
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
3
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
4
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
5
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
6
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
7
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
8
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
9
The 2018 Revitalized Peace Agreement provides for a Presidency structure that comprises of a First Vice President and four Vice Presidents.
10
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
11
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.
12
Bill of Rights
13
The 2018 Revitalized Peace Agreement increased the affirmative action for women to a minimum of thirty five percent. The Peace Agreement overrides the Transitional Consitition of 2011, however, it is yet to be incorporated into the Constitutional Text.