The transitional constitution closely follows the system of government laid out in the interim constitution. At present, the highest legal authority in south sudan is the transitional constitution of south sudan 2011, which came into force on 9 july 2011. Furthermore, the budget supports service delivery by increasing allocations to state transfers. In 2015, pax decided to commission a followup scenario process, aimed at contributing to discussion on the future of south. Tcrss transitional constitution of the republic south sudan, 2011 tgonu transitional government of national unity transition period tna transitional national assembly ttpsu transitional third party security unit tcrss transitional constitution of the republic of south sudan tnl transitional national legislature. Splmio rejects formation of transitional government. Women and the transitional constitution of the republic of. Draft constitution of the republic of south sudan released.
Chapter ii3 deals with issues of ceasefire and transitional security. Constitution making in sudan and south sudan united states. The transitional constitution of the republic of south sudan. The transitional constitution of the republic of south sudan, 2011 was drafted by a southern sudan constitutional drafting committee. The interim national constitution of the republic of the. Manual for traditional authorities on customary law in south. The transitional constitution of south sudan, 2011 made south sudan a multiparty state under splms reign, which made the president the most powerful head of state and government. Transitional constitution of the republic of south sudan 2011 english. Practices such as early marriage and genderbased violence are widespread in south sudan, mainly due to unclear and varied definitions of an adult across many ethnic groups, the availability of small arms making possible forced and early marriages, as well as nonspecification of the minimal legal age for marriage in the transitional constitution. Established in 2011 after two wars, south sudan has since reverted to a state of devastating civil strife. A strategy for achieving gender equality in south sudan. The core aspects of the power sharing are contained in chapters i and ii of the agreement. 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.
In fulfilling its full commitment for the implementation of agreement on the resolution of the conflict in the republic of south sudan mediated by the intergovernmental authority on development igad on 17 august 2015 in addis ababa and singed by the government of the republic of south sudan, sudan people. According to sudan population and housing census, 20082009, there are at least. Since these legislations came into effect after the penal code, they must be deemed as overriding section 247 of the. Jan 29, 2018 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. Due to the significant investment in infrastructure, we have a budget deficit of approximately ssp 77 billion.
The other legislative body, the council of states, remained unchanged in the new. South sudan peace process the challenge to the implementation. In south sudan 6 inconsistent with the provisions of the transitional constitution, the child act and local government act, which protect children from under aged sex, harmful traditional practices and early and forced marriage. Transitional constitution of the republic of south sudan 2011. The transitional constitution further concentrated crudely, the state powers in the president. Juba, april 24, 2019 ssna south sudanese main opposition party, the sudan peoples liberation movementin opposition splmio has rejected call by the government to form a transitional government of national unity tgonu, a senior aide to the splmio leadership who prefers his name not be revealed because he was not authorized to talk to the media told the south sudan news agency. 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. The republic of south sudan is bordered by sudan in the north, ethiopia in. Oct 15, 2019 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. Current framework national legislative assembly into the transitional national legislative assembly, which included the members of the former plus an additional 68 members. Speaker, in summary, the 201718 budget is a lean budget which will use our. There is no provision for power sharing with southern political parties. At independence, the interim constitution was substituted with the transitional constitution of the republic of south sudan of 2011.
The 28 states system in south sudan stimson center. April 24, 2011 kampala the draft south sudan transitional constitution says the president of the republic will serve for four years starting from 9 july 2011. South sudan and takes forward our commitment to reducing the current fuel subsidy, in order to reduce the budget deficit. South sudan has taken some action since it gained autonomy from sudan in 2005 and independence. South sudan is currently reeling under a civil war which followed a split within the ruling south peoples liberation movement splm in 20. Transitional national legislative assembly government. In this act, unless the context otherwise requires.
South sudans constitution of 2011 with amendments through. Transitional constitution of south sudan, 2011 external link sudan tribune pdf. Hegemonic presidency under the constitution of south sudan, 2011. 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. We expect both these actions to support the exchange rate and reduce inflationary pressures in our economy in the longrun. 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 information has been carefully selected and compiled from unhcrs global network of field. Part one south sudan and the constitution the republic of south sudan and its territory. Transitional constitution of the republic of south sudan, 2011, which grants the government the exclusive legislative and executive competence to enact legislation relating to regulatory mechanisms for banking and money supply at all levels of government of south sudan. Traditional authorities are the only governance structure that majority of south sudanese interact with. The bill sought to amend articles 662, 1002, 103a, 1645 and 1651 of the transitional constitution of the republic of south sudan, 2011 as amended 2018 to provide for the extension of the term of office of the above organs of the state. Transitional constitution 2011 southern sudan became south sudan and gained independence in july 2011.
The african union au is mandated through the arciss to support south. We the people of the sudan grateful to almighty god who has bestowed upon us the wisdom and will to reach a. The ministry of gender, child, social welfare, humanitarian affairs and disaster management mgcswhadm has a mandate to promote and protect the rights of persons with disabilities pwds. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. Manual for traditional authorities on customary law in. 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. South sudan 2016 international religious freedom report executive summary the transitional constitution stipulates separation of religion and state, prohibits religious discrimination, and provides religious groups freedom to worship and assemble freely, organize themselves, teach, own property, receive financial. In doing so, it analyses the legal background, the hierarchy and composition of the. Refworld is the leading source of information necessary for taking quality decisions on refugee status. South sudan simple english wikipedia, the free encyclopedia.
The republic of south sudan whose constitution is still transitional pending a permanent constitution has adopted a presidential form of government. Tcrss transitional constitution of the republic of south sudan. The transitional constitution of the republic of south sudan, 2011. A version of the constitution was ratified on 7 july 2011 by the south sudan legislative assembly. The transitional constitution of the republic of the sudan. Article 21 concerns the rights of children and item 1 states. Mar 10, 2016 following the overwhelming vote to secede from the sudan in july 2011, the interim constitution was replaced with the transitional constitution of south sudan tcss. The transitional constitution of the republic of the sudan 2005 2005 full text of the constitution. Republic of south sudan ministry of gender, child, social. Transitional constitution of the republic of south sudan. 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.
Transitional government of national unity tgonu of the republic of south sudan. Protocol on protection and assistance to internally displaced persons means the 2006 international conference on the great. Defining the nature and limits of presidential powers in the. South sudans transitional constitution guarantees freedoms of expression and of the press, but authorities frequently violated these rights in practice hrr 2015. Transitional government of national unity tgonu of the. The draft transitional constitution of the republic of south sudan 2011, is tailored to suit one party, the splm. South sudans constitution of 2011 with amendments through 20. Laws of south sudan protection and assistance to internally. The transitional constitution of south sudan, which was enacted in 2011, prescribes a decentralized system of governance with three levels of government. The transitional constitution provides for its own replacement by a permanent constitution, setting out the process and.
The room for investigative journalism have been decreasing in recent years. The interim constitution of southern sudan, state constitutions and all laws shall comply with it. A politically contentious matter for the new nation mark aw deng university of queensland, australia marko. Customary laws of south sudan external link gurtong faolex. How the au can promote transitional justice in south sudan. Chapter i2 is largely a framework for political power sharing, which is encapsulated in the yet to be formed revitalized transitional government of national unity. May 20, 2010 transitional constitution of south sudan part ii of the transitional constitution pdf document of southern sudan is a bill of rights.
The draft of transitional constitution of the republic of south sudan was pushed through national legislative assembly before independence. Interim national constitution of the republic of the sudan, 2005 external link unhcr refworld. Constitutional history of south sudan constitutionnet. Jun 16, 2014 the transitional constitution affirms that south sudan has ten states, each administered by elected governors, state cabinets and elected state legislative assemblies. Transitional constitution of the republic of south sudan 2011, as amended to 20. South sudan 2018 international religious freedom report executive summary the transitional constitution stipulates separation of religion and state, prohibits religious discrimination, and provides religious groups freedom to worship and assemble, organize themselves, teach, own property, receive financial.
The following are the salient features of the draft constitution. A transitional constitution was immediately adopted by the south sudan legislative council. Constitution making in sudan and south sudan united. The landlocked country is bordered by ethiopia to the east. Constitution of south sudan wikisource, the free online library. Defining the nature and limits of presidential powers in. It is exclusive, full of contradictions and concentrates power in the hands of the president. The transitional constitution of the republic of the sudan 2005 from wikisource. The transitional constitution of the republic of south.