State constitution, means constitution of each state promulgated by an appointed state legislative assembly which shall conform to the transitional constitution of south sudan 2011, amended 2015 until the permanent constitution is promulgated under which the. Since then all government positions have been appointed rather than elected. The transitional constitution of south sudan is passed 9 july 2011, and affirms customary law as one of the sources of law for the new nation. South sudan international federation for human rights. Jul 08, 2014 1 south sudan is topping the list of failed states index for the year 2014. In the bill of rights article 16 in the 2011 transitional constitution of south sudan womens rights are oulined speci.
Draft constitution of the republic of south sudan released. Notes eedit eedit soorce the transeetional constitution o the republic o sooth sudan, pairt ane, 61. Unhrc, report of the commission on human rights in south sudan, 31 january 2020, url, pp. South sudan, republic of transitional constitution of. In 2011, the government of south sudan adopted an amendment to the 2005 interim constitution renaming it the transitional constitution of the republic of south sudan. This study discusses the experiences of women in south sudan. Transitional constitution of the republic of south sudan, 2011. The transitional constitution provides for its own replacement by a permanent constitution, setting out the process and. The interim constitution of southern sudan, state constitutions and all laws shall comply with it. The transitional constitution of south sudan tcss was drafted in 2011 as a temporary document in place of a permanent constitution. Mindful of our commitment under the transitional constitution of the republic of south sudan, 2011, tcrss as amended, to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law. Law of south sudan nongovernment organizations act, 2015 in accordance with articles 552 and 3 b and 85 1 of the transitional constitution of the republic of south sudan, 2011, the national legislative assembly, with the assent of the president of the republic of south sudan, hereby enacts the following.
When south sudan gained independence on the 9th july 2011, it marked the end of a united sudan s constitutional history. 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. The transitional constitution prohibits such practices, but. The transitional constitution of south sudan 2011 formally recognizes womens rights and guarantees gender equality. Interim constitution of the republic of the south sudan adopted on the eve of. To this end, goss has indicated that it will undertake grass roots consultation with womens organizations at the state level to inform women about their rights under the transitional constitution.
South sudans constitution of 2011 with amendments through 20. Salva kiir mayardit, president of the republic of south sudan, do hereby issue this presidential decree for the appointment of more. This document is called the constitutional charter for the 2019 transitional period, and it shall enter into force from its date of signature. Laws ofsouth sudan the drug and food control authority act, 2012 in accordance with the provisions of article 55 2 3 bread together with article 851 of the transitional constitution of the republic of south sudan, 2011, the national legislature with the consent of the president of the republic of south sudan hereby enacts the following. Women and the transitional constitution of the republic of. Transitional constitution of the republic of south sudan, 2011 a. National legislative assembly on 7th july 2011, as an. Transitional constitution of the republic of south sudan, 2011, the national legislative assembly, with the assent of the president of the republic of south sudan hereby enacts the following. The transitional constitution provides for its own replacement by a permanent constitution, setting out the process and timeframe for drafting and adoption. South sudan is a republic operating under the terms of peace agreements signed in. Its supreme law is the transitional constitution of the republic of south sudan, 2011, adopted by its. Research proposal on the transitional justice in south sudan. Legislation online refworld united nations high commission for refugees unhcr pdf of 2005 interim constitution in english consulted on 20120816 abstractcitation.
South sudan was underdeveloped when the country gained independence. On the verge of independence, south sudan amended its interim constitution and accepted a transitional constitution to support the rights, duties, powers, and institutions of a sovereign state. 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. Southern sudan right to selfdetermination part two bill of rights part three fundamental objectives and guiding principles chapter i.
Constitution of the republic of south sudan, 2011, and shall be the supreme law by which. The referendum was a condition of a peace agreement between the sudan peoples liberation armymovement splam and the government of sudan which was represented by the national congress party. The 2011 transitional constitution of the republic of south sudan serves. The constitution and territory of southern sudan chapter ii. Transitional constitution of the republic of south sudan 2011, as. Because of the transitional nature of the tcss, it favors a decentralized governmental system. While the transitional constitution of the republic of south sudan 2011 guarantees the right to freedom of expression, the legal framework inhibits its exercise, for example through the criminalization of defamation and the nss sweeping powers of arrest and detention, which have been used against journalists and other individuals for. All indigenous languages of south sudan are national languages and shall be respected, developed and promoted. South sudan became independent in 2011, after 39 years of civil war with sudan.
South sudan, republic of transitional constitution of the republic. Payam administrative unit in south sudan under county administration s. Pdf text comparison of the interim constitution of southern. Pdf on jan 1, 2016, ingo henneberg published text comparison of the interim constitution of southern sudan 2005 and the transitional constitution of the republic of south sudan 2011 find. Republic of south sudan supporting constitution builders. Nov 08, 20 the transitional constitution of the republic of south sudan, 2011 arrangement of parts, chapters and articles article page preamble 1 part one south sudan and the constitution 1. South sudan, the transitional constitution of the republic of south sudan, 2011, available at. Pdf text comparison of the interim constitution of southern sudan. An overview of the legal system and legal research in the. It came into force on the day of independence of south sudan 9 july 2011 after being signed by. Participants were concerned that although the transitional constitution of south sudan 2011 has a strong emphasis on decentralization, the national government continues to be dominant over the state governments.
Classified information means information of sensitive nature under government custody not authorized for public consumption. Contested constitutions constitutional development in sudan. Part i puts it within the broad context of comparative constitution making, taking. Section provision contained in an act splma sudan people s liberation movementarmy ssp south sudanese pound 1 ssp approx. Constitution of south sudan wikisource, the free online. Transitional constitution of the republic of south sudan 2011 english. South sudan s secession in 2011 substantially reduced sudan s oil production capabilities because most of the oil fields are located in south sudan. South sudan is a republic operating under the terms of a peace agreement signed in. On january 21, 2011, following the overwhelming vote for independence, president kiir who had been. Constitution making in sudan and south sudan united states. The republic of south sudan became a sovereign nation on july 9, 2011. On july 9, 2011 south sudan officially became an independent state following a referendum held in january 2011 in line with the provisions of the cpa 2005contemporaneously with the accession to independence was the adoption, by south sudan s legislative council, of a transitional constitution. Council means the national security council established inaccordance with the provisions of this act.
Is time running out for south sudans new constitution. South sudan, republic of transitional constitution of the. However, its beginning was set over five decades earlier, in 1956, when the country gained independence and adopted the selfgovernment statute of 1953 as their transitional constitution. South sudans dualistic constitution chapter 11 social and. Sooth sudan includes the vast swamp region o the sudd formed bi the white nile, locally cried the bahr al jabal. Manual for traditional authorities on customary law in south. Transitional constitution of the republic of south sudan 2011 follows a qualitative approach based on theoretical guidelines because a legal text is highly structured and a. Constitution of south sudan wikisource, the free online library. This is a study of the transitional constitution of south sudan as it entered into force on july 9, 2011 tc.
Women shall be accorded full and equal dignity of the person with men. Safeguarding south sudan permanent constitutionmaking process. Constitution making in sudan and south sudan united. The south sudan national police service ssnps, under the ministry of interior. Transitional provisions and the permanent constitution process. Deeply regretting the scale of untold human suffering that had befallen our. Other longstanding violent conflicts are in the east and the west of the country. The interim national constitution of the republic of the.
Transitional constitution of south sudan, 2011 external link sudan tribune pdf. The transitional constitution of the republic of south sudan, 2011 was drafted by a southern sudan constitutional drafting committee. Transitional constitution of the republic of south sudan 2011. In may 2011, the president of the republic of south sudan salva kiir personally expressed the wish that the same experts draft a scientific study. Authority and application 1 this act is drafted in accordance with the provisions of article 52, paragraphs 36 and 39 of schedule a, and paragraph 1 of schedule c of the transitional constitution of the republic of south sudan, 2011, amended 2015 which grant the government the. Traditional authorities are the only governance structure that majority of south sudanese interact with.
An expert view from the outside the transitional constitution of the. The transitional constitution of sudan of 2005 and the constitutions of provinces is repealed. Women shall have the right to equal pay for equal work and other related bene. The constitution of south sudan is the supreme law of the republic of south sudan, established on 9 july 2011, and adopted on 10 july 2011. International observers considered t he 2011 referendum on south sudanese selfdetermination, in which 98 percent of voters chose to separate from. Text comparison of the interim constitution of southern sudan 2005 and the transitional constitution of the republic of south sudan 2011. Draft constitutional charter for the 2019 transitional period. The transitional constitution prohibits such practices, but security forces mutilated, tortured, beat, and harassed political opponents, journalists, and human rights. Download pdf transitional constitution of the republic of south sudan, 2011 amendment act, 20. For the duration of the transitional period, there shall be four 4 vice presidents of the republic of south sudan who shall oversee the clusters of the council of ministers, and generally to supervise the implementation of the reforms outlined. Nov 07, 2019 most crude oil in sudan and south sudan is produced in the muglad and melut basins. Part one southern sudan and the constitution chapter i. Transitional constitution of the republic of south sudan 2011, as amended to 20.
The transitional constitution of the republic of south. The transitional constitution of the republic of south sudan3 was ratified on 7 july 2011 by the. It is the current constitution of south sudan until a permanent constitution can be ratified. South sudan is a republic operating under the terms of a peace agreement signed in august 2015. Notably, the transitional constitution calls for the establishment of a.
Aconceptual framework for resolving the crisis of governance. A, paragraphs 39, 47 and 50 of the transitional constitution of the republic of south sudan 2011, which confers upon the national government authority over types of activities provided for under this bill. Representation in the national the transitional constitution requires that at. Manual for traditional authorities on customary law in. The ministry of gender, social welfare, and religious affairs is responsible for promoting gender equality. Pdf conflict management in the constitution of south sudan.
Constitution means the transitional constitution of the republic of south sudan, 2011. Sudan and south sudan produce three crude oil blends. Politics and transition in the new south sudan crisis group africa report n172, 4 april 2011 page iii to the forthcoming transitional government of the republic of south sudan. The transitional constitution of the republic of south sudan, or the transitional constitution, drafted and passed into law in the weeks and months ahead of the countrys independence, lays out the process for drafting a permanent constitution for the new nation. The vice presidents of the republic of south sudan 7. Constitution of the republic of south sudan, 2011, and shall be. Download pdf transitional constitution of the republic of south sudan 2011 download pdf interim constitution of the republic of the south sudan adopted on the eve of independence from the republic of sudan in 2011. Interim national constitution of the republic of the sudan, 2005 external link unhcr refworld. South sudan legislative assembly and came into force on 9. The transitional constitution of the republic of south sudan, 2011 arrangement of parts, chapters and articles article page preamble 1 part one south sudan and the constitution 1.
The transitional constitution of the republic of south sudan. Article 25 2 of the transitional constitution of the republic of south sudan, 2011 which grants to the national government exclusive legislative and executive powers over regulation of political parties. Download pdf transitional constitution of the republic of south sudan 2011 interim constitution of the republic of the south sudan adopted on the eve of independence from the republic of sudan in 2011. President salva kiir mayardit, whose authority derives from his 2010 election as president of what was then the semi autonomous region of southern sudan within the republic of sudan, is chief of state and head of government.
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. South sudans constitution of 2011 with amendments through. The 2011 transitional constitution of south sudan provides that 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 of rights. Jan 05, 2019 south sudan voted for secession and independence from sudan in a referendum on 09 january 2011. Transitional constitution of the republic of south sudan. Tcrss transitional constitution of the republic of south sudan tgonu transitional government of national unity. This new constitution came in force on 9 july 2011 when south sudan was proclaimed as independent state. Global firepower, south sudan military strength 2020, n. The separate transitional constitution of the republic of south sudan was drafted by a southern sudan constitutional drafting committee and adopted by a twothirds majority vote of the south sudan legislative assembly. Transitional constitution of the republic of south sudan 2011, as amended to 20 3 women shall have the right to participate equally with men in public life. Constitutional history of south sudan constitutionnet. The first national south sudan education curriculum beyond. The transitional constitution of the republic of south sudan, 2011. Pdf text comparison of the interim constitution of.
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