Constitution of Southern Sudan
Encyclopedia
The Constitution of Southern Sudan was the 2005 Interim Constitution of Southern Sudan, as established by the Government of Sudan and the Sudan People's Liberation Army/Movement within the framework of the Comprehensive Peace Agreement
ending the Second Sudanese Civil War
, signed into practice on 9 January 2005.
The constitution establishes a presidential system of government headed by a President who is both Head of State
, Head of Government
, and the Commander-in-Chief
of the armed forces.
The constitution establishes English
and Arabic
as the official languages."Section 4 Para 2: English shall be the official language in Southern Sudan and the Government of Southern Sudan shall develop indigenous national languages. Each state government may, after considering its peculiar and prevailing circumstances and level of development of its national languages, adopt and use them as official languages and media of instruction in schools and other institutions."
The constitution establishes three levels of government: national, state and local."Section 26 Sub a–d:The Sudan is a decentralized State, with the following levels of government:
a) The National level of government which shall exercise authority so as to protect and promote the national sovereignty of Sudan and the welfare of its people; [obsolete upon gaining independence]
b) The Southern Sudan level of Government which shall exercise authority in respect of the people and States in the South;
c) The state governments throughout Sudan which shall exercise authority at the state level and render public services through the level of government close to the people; and
d) The level of local government throughout the Sudan."
The constitution prohibits slavery,"Section 32 Para 1: No one shall be held in slavery; slavery and the slave trade in all their forms shall be prohibited." and torture,"Section 35 Para 1: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;" limits capital punishment,"Section 38 Para 1: No death penalty shall be passed save as retribution or punishment for extremely serious offences in accordance with the law;" and establishes equal rights for men and women,"Section 34 Para 1: The equal rights of men and women to the enjoyment of all civil and political rights and all economic, social, and cultural rights shall be ensured;" and equality before the law."Section 33 Para 1: All persons are equal before the law and are entitled without any discrimination, as to race, colour, sex, language, religious creed, political or other opinion, national or social origin, age, disability, ethnicity, birth, marital status, pregnancy or other status, to the equal protection of the law;"
The separate "Transitional Constitution of the Republic of South Sudan
" was drafted by a Southern Sudan Constitutional Drafting Committee and adopted by a two-thirds majority vote of the South Sudan Legislative Assembly."
Section 2 Para 1: The Government of Southern Sudan shall function in accordance with a Southern Sudan Constitution, which shall be drafted by an inclusive Southern Sudan Constitutional Drafting Committee and adopted by the Transitional Assembly of Southern Sudan by a two- thirds majority of all members. It shall conform with the Interim National Constitution, [sic]" This new constitution came in force on 9 July 2011 when South Sudan was proclamed as independent state.
Comprehensive Peace Agreement
The Comprehensive Peace Agreement , also known as the Naivasha Agreement, was a set of agreements culminating in January 2005 that were signed between the Sudan People's Liberation Movement and the Government of Sudan...
ending the Second Sudanese Civil War
Second Sudanese Civil War
The Second Sudanese Civil War started in 1983, although it was largely a continuation of the First Sudanese Civil War of 1955 to 1972. Although it originated in southern Sudan, the civil war spread to the Nuba mountains and Blue Nile by the end of the 1980s....
, signed into practice on 9 January 2005.
The constitution establishes a presidential system of government headed by a President who is both Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, Head of Government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
, and the Commander-in-Chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the armed forces.
The constitution establishes English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and Arabic
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
as the official languages."Section 4 Para 2: English shall be the official language in Southern Sudan and the Government of Southern Sudan shall develop indigenous national languages. Each state government may, after considering its peculiar and prevailing circumstances and level of development of its national languages, adopt and use them as official languages and media of instruction in schools and other institutions."
The constitution establishes three levels of government: national, state and local."Section 26 Sub a–d:The Sudan is a decentralized State, with the following levels of government:
a) The National level of government which shall exercise authority so as to protect and promote the national sovereignty of Sudan and the welfare of its people; [obsolete upon gaining independence]
b) The Southern Sudan level of Government which shall exercise authority in respect of the people and States in the South;
c) The state governments throughout Sudan which shall exercise authority at the state level and render public services through the level of government close to the people; and
d) The level of local government throughout the Sudan."
The constitution prohibits slavery,"Section 32 Para 1: No one shall be held in slavery; slavery and the slave trade in all their forms shall be prohibited." and torture,"Section 35 Para 1: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;" limits capital punishment,"Section 38 Para 1: No death penalty shall be passed save as retribution or punishment for extremely serious offences in accordance with the law;" and establishes equal rights for men and women,"Section 34 Para 1: The equal rights of men and women to the enjoyment of all civil and political rights and all economic, social, and cultural rights shall be ensured;" and equality before the law."Section 33 Para 1: All persons are equal before the law and are entitled without any discrimination, as to race, colour, sex, language, religious creed, political or other opinion, national or social origin, age, disability, ethnicity, birth, marital status, pregnancy or other status, to the equal protection of the law;"
The separate "Transitional Constitution of the Republic of South Sudan
Constitution of South Sudan
The Transitional Constitution of the Republic of South Sudan, 2011 was drafted by a Southern Sudan Constitutional Drafting Committee.[Ciatatino?] It was published in April 2011...
" was drafted by a Southern Sudan Constitutional Drafting Committee and adopted by a two-thirds majority vote of the South Sudan Legislative Assembly."
Section 2 Para 1: The Government of Southern Sudan shall function in accordance with a Southern Sudan Constitution, which shall be drafted by an inclusive Southern Sudan Constitutional Drafting Committee and adopted by the Transitional Assembly of Southern Sudan by a two- thirds majority of all members. It shall conform with the Interim National Constitution, [sic]" This new constitution came in force on 9 July 2011 when South Sudan was proclamed as independent state.