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| Transitional Constitution of South Sudan | |
|---|---|
| Name | Transitional Constitution of South Sudan |
| Presented | 2011 |
| Jurisdiction | Republic of South Sudan |
| Date ratified | 2011 |
| Document type | Constitution |
Transitional Constitution of South Sudan
The Transitional Constitution of South Sudan was adopted as the supreme law following the South Sudanese independence referendum, providing a legal foundation for the Republic of South Sudan and framing relationships among President of South Sudan, National Legislature of South Sudan, and state institutions. The document emerged from negotiations involving the Comprehensive Peace Agreement, Sudan People's Liberation Movement, Intergovernmental Authority on Development diplomacy, and international actors such as the United Nations, African Union, European Union, and United States Department of State. It served as a bridge between the Second Sudanese Civil War settlement instruments and a permanent constitution intended after a transitional period.
The Transitional Constitution was drafted in the lead-up to and immediately after the 2011 South Sudanese independence referendum, influenced by precedents like the Comprehensive Peace Agreement (CPA) and instruments negotiated between the Government of Sudan and the Sudan People's Liberation Army (SPLA). Negotiations drew on expertise from actors including the United Nations Mission in South Sudan, Intergovernmental Authority on Development (IGAD), African Union Commission, United Kingdom Foreign and Commonwealth Office, and various civil society groups such as the South Sudan Law Society and Civic Forum delegates. Drafting processes referenced constitutional models from countries such as Kenya, Uganda, Ethiopia, and the United Kingdom, while engaging political figures including Salva Kiir, Riek Machar, and ministers from the Transitional Government of South Sudan.
The Transitional Constitution establishes principles borrowed from international instruments like the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights, and the Geneva Conventions, while adapting norms pertinent to South Sudan’s context, including provisions on self-determination from the International Covenant on Civil and Political Rights. It enshrines sovereignty of the Republic of South Sudan and asserts supremacy over state laws, articulating rule-of-law commitments comparable to constitutions of Ethiopia and Kenya. The text balances pluralism associated with the Sudan People's Liberation Movement and guarantees anticipated rights reflected in instruments promoted by the United Nations Commission on Human Rights and regional bodies like the African Commission on Human and Peoples' Rights.
The Transitional Constitution delineates executive authority in the office of the President of South Sudan and entries for the Council of Ministers of South Sudan, legislative authority in the National Legislative Assembly (South Sudan), and judicial authority in courts including the Supreme Court of South Sudan and lower tribunals. It prescribes checks and balances influenced by models from the Constitution of Kenya (2010) and mechanisms seen in the Constitution of Uganda, setting appointment roles for bodies such as the Judicial Service Commission and oversight by anti-corruption institutions like the South Sudan Anti-Corruption Commission. The document also recognizes state and local entities mirroring administrative divisions used during the Comprehensive Peace Agreement implementation.
The constitution guarantees a range of rights drawn from regional and global charters, referencing protections similar to those in the African Charter on Human and Peoples' Rights and protections advocated by the United Nations High Commissioner for Human Rights. Rights include equality before the law, protections for women aligned with commitments under the Convention on the Elimination of All Forms of Discrimination Against Women, and safeguards for children reflecting United Nations Children's Fund priorities. It sets out duties for citizens akin to post-conflict obligations promoted by the United Nations Development Programme and mechanisms for rights enforcement through institutions such as the South Sudan Human Rights Commission.
Recognizing ongoing security concerns after the Second Sudanese Civil War and localized conflicts like Misseriya clashes and militia activity, the Transitional Constitution includes provisions for integration of forces from the Sudan People's Liberation Army and other armed groups into national security organs. It provides for transitional justice frameworks inspired by Truth and Reconciliation Commission models and arrangements encouraged by IGAD and the African Union to facilitate disarmament, demobilization, and reintegration programs coordinated with the United Nations Mission in South Sudan (UNMISS). Security sector reform provisions referenced international best practices promoted by the World Bank and International Committee of the Red Cross.
The Constitution sets procedures for amendment requiring legislative majorities in the National Legislative Assembly (South Sudan) and consultations with state assemblies, mirroring amendment thresholds seen in the Constitution of South Africa and Constitution of Kenya. It establishes timelines for drafting a permanent constitution and mandates review commissions and constitutional courts to resolve disputes, with potential technical assistance from entities like the United Nations Development Programme and the Commonwealth Secretariat. Implementation responsibilities fall to ministries comparable to the Ministry of Justice (South Sudan) and institutions modeled on the Judicial Service Commission and Public Service Commission.
The Transitional Constitution has been contentious amid political rivalries between figures such as Salva Kiir and Riek Machar, critiques from civil society groups including the South Sudan Law Society, and concerns raised by international actors like the United States Department of State and the United Nations Security Council. Challenges include contested interpretation of executive powers, obstacles to security sector reform, and delays in drafting a permanent constitution—factors that have affected peace processes like the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan and interventions by IGAD and the African Union High-Level Implementation Panel. Debates over federalism, resource sharing involving Greater Upper Nile and Bahr el Ghazal regions, and protections for minority communities continue to shape legal reform, humanitarian responses by the International Committee of the Red Cross and United Nations Office for the Coordination of Humanitarian Affairs, and long-term state-building trajectories.
Category:Constitutions