Transitional constitution of the republic of south sudan 2011, as amended to 20. While cognizant of the fact that the southern sudan constitution should conform to the national. Text comparison of the interim constitution of southern sudan 2005 and the transitional constitution of the republic of south sudan 2011. Constitution making in sudan and south sudan united states. The paper accounts for the evolution of constitution making in sudan as basically characterized by. Jun 16, 2014 on 9 july 2011, upon independence, the transitional constitution of south sudan came into force. Torit, eastern equatoria 5th 7th june 2012 yambio, western equatoria 26th 28th june 2012. 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. Part 1 the state and the directive principles article 1 nature of the state the state of sudan is an embracing homeland, wherein races and cultures coalesce and religions conciliate.
This guide to law online south sudan contains a selection of south sudanese legal, juridical, and governmental sources accessible through the internet. Independence of south sudan united states institute of peace. Like many territorial demarcations in the continent, sudan s present borderlines were defined by the colonial powers at the turn ofthe century. Perspectives on south sudans subdivision and federalism debate 7 1. South sudan legislative assembly and came into force on 9. It is believed that the citizens of the republic of south sudan are the legitemate body that can ractify the nations constitution through nationwide constitution referendum otherwise the legitemacy of the permanent constitution of south sudan will be in serious doubt if it is prepared, approved and passed by only a few individuals. 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. On 9 july 2011, upon independence, the transitional constitution of south sudan came into force. Transitional constitution of south sudan, 2011 external link sudan tribune pdf. Interim constitution of south sudan 2005 and the interim constitutions of the 10 states of south sudan. Transitional constitution of the republic of south sudan 2011 english. Constitution of southern sudan, 2005 which implicitly gives the government. Constitution of sudan passed by the national assembly. Constitution of sudan passed by the national assembly on 28.
The powers of the government of the republic of south sudan originate from the will of the people of southern sudan, the comprehensive peace agreement cpa, the interim constitution of the republic of. Since independence, south sudan has been involved in a civil war with at least seven armed groups who accuse the government of plotting to stay in power. This report presents the findings of investigations and documentation conducted by the human rights division of the united nations mission in the. The constitution of southern sudan was the 2005 interim constitution of southern sudan, as established by the government of sudan and the sudan peoples liberation armymovement within the framework of the comprehensive peace agreement ending the second sudanese civil war, signed into practice on 9 january 2005. Constitution of the sudan peoples liberation movement may, 2008. This act shall be cited as the nationality act, 2011 and shall come into force on the. The constitution of southern sudan was the 2005 interim constitution of southern sudan, as established by the government of sudan and the sudan peoples liberation armymovement within the framework of the comprehensive peace agreement ending the second sudanese civil war, signed into practice on. The comprehensive peace agreement installed an interim constitution for sudan and southern sudan. The first permanent constitution of sudan was drafted in 1973.
South sudan is currently reeling under a civil war which followed a split within the ruling south peoples liberation movement splm in 20. The transitional constitution of the republic of south sudan3 was ratified on 7 july 2011 by the. In july 2011, the nation of south sudan formally declared its independence. Constitutional history of south sudan constitutionnet. 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. This article addresses the design of the constitution making process in sudan with a focus on the right to public participation and civic education in this process. 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 sudans legislative council, of.
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. For this draft to represent the letter and spirit of the conference. The doctrine of constitutionalism in the republic of south. Like many territorial demarcations in the continent, sudans present borderlines were defined by the colonial powers at the turn ofthe century. Constitution of south sudan wikisource, the free online library. The four factors in south sudans decentralisation debate in different ways, four interlinked factors have a long history in debates on decentralisation and subdivision. The draft transitional constitution of the republic of south sudan derives its legitimacy from the consensus of the southern sudanese arrived at in their conference held in october 2010 in juba. Title and commencement this act shall be cited as the national security service act, 2014 and shall come into force on the date of its signature by the president. The transitional constitution of the republic of south. May 06, 2019 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 sudans legislative council, of a transitional constitution.
The focus of the paper is to highlight the process of developing constitutions in sudan since the preindependence period in 1953. Sudan, which became an independent sovereign country on 9 july 2011, following the results of the selfdetermination referendum of 9th january 2011. Pdf text comparison of the interim constitution of southern sudan. After voting overwhelmingly in a january 2011 referendum to establish their own sovereign nation, the people of south sudan finally exercised their autonomy and freedom from the regime in khartoum. South sudans constitution of 2011 with amendments through 20 subsequently amended. Opportunities and challenges for africas newest country congressional research service 1 introduction on july 9, 2011, south sudan officially declared independence. President salva kiir and the constitution of south sudan. Th e now defunct southern sudan legislative assembly ratifi ed a transitional constitution shortly before independence in july 2011. The transitional constitution of the republic of south sudan, 2011 was drafted by a southern sudan constitutional drafting committee. Sudansnorthsouthconflictowes its genesis tothecolonialpast.
South sudan conflict analysis brief south sudan, the worlds youngest nation, continues to struggle despite the august 2015 signature of a peace agreement. South sudans constitution of 2011 with amendments through 20. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. For this draft to represent the letter and spirit of the conference, the political parties must agree on the following issues. Conflict management in the constitution of south sudan 2011. In january 2010, south sudan exercised its right to selfdetermination and in june 2011, declared itself as africas youngest nation. 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. The comprehensive peace agreement cpa of 2005 resulted in the independence of south sudan in 2011 after seceding from sudan. Nevertheless, the oilrich nation has been hit by internal conflict since its formation mokone, 2014.
Through ballot boxes salva kiir mayradit was elected the president of the government of southern sudan in 2010 which made him the president of the republic of south sudan after the independent in july 2011 hence, making him the constitution caretaker during his official term. South sudans constitution of 2011 with amendments through. 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. Transitional constitution of the republic of south sudan. Sudan s human rights environment deteriorated in 2010 during the april elections and in the months leading up to the historic referendum on southern selfdetermination, scheduled for early january. Sudan also experienced a few federal arrangements that are worth examining. The republic of south sudan rss was established in 2011. In january 2011, south sudan held a peaceful and transparent referendum on southern secession or unity, as called for in the. This constitution may be cited as the constitution of the sudan peoples liberation movement, 2008 and shall come into effect on the date of its signature by the chairperson. The inside story of the negotiations that ended africas longest civil war. Referendum sudan to public participation in the constitution. Chol tong mayay of his duties was constitutional lawful or otherwise. A human rights report united nations mission in south sudan.
Sudan snorthsouthconflictowes its genesis tothecolonialpast. The formation of a new government of national unity and an. South sudan officially declared independence on july 9, 2011, and a transitional constitution was ratified. Constitution of sudan passed by the national assembly on 28 march 1998 presented on 1 april 1998 to the people of the sudan for referendum. The right to public participation in the constitution making process in post referendum sudan by noha ibrahim abdelgabar abstract. The powers of the government of the republic of south sudan originate from the will of the people of southern sudan, the comprehensive peace agreement cpa, the interim constitution of the republic of south sudan and the interim national constitution. Citizens dialogues on the constitution conducted in the ten. The president appointed a drafting commission to write a permanent constitution. 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. Vice president machar discussed the current status of relations between sudans north and south, preparations for secession, the political climate in southern sudan and the role of the international community in the new republic of south sudan. Arrangement of parts, chapters and articles article page preamble 1 part one south sudan and the constitution 1. Conflict in south sudan and the challenges ahead congressional research service 1 background south sudan emerged in 2011 as the worlds newest country, and one of its least developed.
The government of the new republic of south sudan is faced with enormous challenges if it is to ensure peace, stability and access to. Constitution of the republic of south sudan, 2011 the national legislative assembly, with the assent of the president, hereby enacts the following. South heshe shall be deemed to have resigned and the first. As a political entity, then, sudanlikemany african countriesisa fairly recent creation. As its implementation faltered, violence between factions broke out again in july 2016, setting back the peace process once again. Authority and application 1 this act is drafted in accordance with the provisions of article 52, paragraphs 36 and. The paper accounts for the evolution of constitution making in sudan as basically characterized by elitism, exclusionism and limited participation. College of saint benedict and saint johns university. After almost 40 years of war between the sudan government and southern insurgents, southern sudanese voted in a january 2011 referendum to secede from sudan. As a political entity, then, sudan likemany african countriesisa fairly recent creation.
Th e republic of south sudan rss became an independent state on july 9, 2011. Additionally, sudan is one of the first few states to experience secession by a referendum in the world. In the past month, article 101 r of the transitional constitution of the republic of south sudan 2011 has been the issue of fundamental debate on whether the decree issued by the president of the republic relieving the lakes state governor now former governor eng. This article addresses the design of the constitutionmaking process in sudan with a focus on the right to public participation and civic education in this process. A critical analysis of the evolution of constitutions in sudan. South sudan law society and justice africa, organized and led citizens dialogues on the constitution in all ten states of south sudan. Conflict management in the constitution of south sudan 2011 the republic of south sudan after the secession from the former sudan in july 2011 the youngest state in the world faces a multitude of conflicts threatening the future of the country as well as the stability of the new political system. An immediate ceasefire, withdrawal of troops from south sudan and demobilization of child soldiers deployed by the insurgent army.
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