South Sudan 2011 Constitution (reviewed 2013) - Page 11 of 21

Table of Contents

PART TEN. ARMED FORCES, LAW ENFORCEMENT AGENCIES AND SECURITY

CHAPTER I. ARMED FORCES

151. Composition, Status, Mission and Duties

The Sudan People’s Liberation Army shall constitute the national armed forces of the Republic of South Sudan.
The Sudan People’s Liberation Army shall be transformed into the South Sudan Armed Forces, and shall be non-partisan, national in character, patriotic, regular, professional, disciplined, productive and subordinate to the civilian authority as established under this Constitution and the law.
No person or persons shall raise any armed or paramilitary force in South Sudan except in accordance with this Constitution and the law.
The mission of the national armed forces, in addition to its other national duties, shall be to:
1. uphold this Constitution;
2. defend the sovereignty of the country;
3. protect the people of South Sudan;
4. secure the territorial integrity of South Sudan;
5. defend South Sudan against external threats and aggression; and
6. be involved in addressing any emergencies, participate in reconstruction activities, and assist in disaster management and relief in accordance with this Constitution and the law.
The law shall stipulate the conditions in which the civilian authority may resort to the engagement of the armed forces in missions of non-military nature.
The national armed forces shall respect and abide by the rule of law and respect the will of the people, the civilian authority, democracy, basic human rights and fundamental freedoms.
The national armed forces shall not have any internal law and order mandate except as may be requested by the civilian authority when necessity so requires.
Military service, Military Courts and military legal services shall be regulated by law.

152. Code of Conduct for the Armed Forces

There shall be a code of conduct for the national armed forces that shall:

be informed by their military doctrine;
make a clear distinction between the military and partisan political functions;
underline the principle that the national armed forces shall not be used as an instrument of physical intimidation of the civilian population;
make a clear distinction between the military and the policing mandate; and
make clear that all members of armed forces shall not be involved in illicit activities that may affect the environment and natural resources.

153. Command and Control

The President of the Republic of South Sudan shall be the Commander-in-Chief of the national armed forces.
The Commander-in-Chief shall commission, promote, retire or dismiss officers of the national armed forces according to the law.
The structure, command, control and terms and conditions of service of the national armed forces shall be prescribed by law.

154. Command Council

There shall be established a consultative body which shall be known as the National Armed Forces Command Council.
The composition, functions and duties of the Command Council shall be prescribed by law.

CHAPTER II. LAW ENFORCEMENT AGENCIES

155. The Police Service

There shall be a police service to be known as the National Police Service which shall be a decentralized professional service.
The mission of the Police Service shall be to:
1. prevent, combat and investigate crime, maintain law and public order, protect the people and their properties; and
2. uphold and enforce this Constitution and the law.
The Police Service shall be organized at the National and state levels; its organization, structure, functions, powers, terms and conditions of service shall be regulated by law.
The Police Service shall be headed by an Inspector-General of Police appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
The national Police Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of police officers throughout South Sudan.
The Police of South Sudan shall be governed by this Constitution and the law. It shall respect the will of the people, the rule of law and order, civilian authority, democracy, human rights, fundamental freedoms and execute judicial orders.
The Police at the National level and their counterparts at the state level shall coordinate, cooperate and assist each other in the discharge of their functions and duties, and to that end, shall recommend, through their respective authorities to the President of South Sudan the establishment of such necessary mechanisms.

156. The Prisons Service

There shall be a prisons service to be known as the National Prisons Service and it shall be a decentralized professional service.
The mission of the Prisons Service shall be correctional, reformative and rehabilitative. It shall respect the will of the people, the rule of law and order, civilian authority, democracy, human rights and fundamental freedoms.
The Prisons Service shall be organized at the National and the state levels.
The Prisons Service shall be headed by a Director-General appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
The national Prisons Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of prison officers throughout South Sudan.
The functions of Prisons Service shall, inter alia, be to manage, operate and maintain the prisons of South Sudan, and to administer the internment and care for the health and general welfare of prisoners and inmates.
Prisons authorities shall treat prisoners humanely. Any treatment that is cruel, inhuman, degrading of the dignity of prisoners or that may expose their health to danger is prohibited and punishable by law.
Organization, powers, terms and conditions of service of the Prisons Service shall be prescribed by law.

157. The Wildlife Service

There shall be established a wildlife service to be known as the National Wildlife Service and it shall be a decentralized professional service.
The mission of the Wildlife Service shall be to protect the wildlife and to preserve and conserve the natural habitat of flora and fauna of South Sudan.
The Wildlife Service shall be organized at the National and the state levels.
The Wildlife Service shall be headed by a Director-General of Wildlife appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
The national Wildlife Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of wildlife officers throughout South Sudan.
The Wildlife Service shall coordinate and cooperate with the local communities on the protection and management of wildlife within their areas.
The Wildlife Service shall act in accordance with this Constitution and the following guiding principles:
1. the conservation and protection of the natural ecosystems, bio-diversity and endangered species shall be the primary consideration in carrying out its duties;
2. consistent with the provisions of this Constitution and the law, the Wildlife Service shall manage wildlife resources in a manner that will ensure the protection of human life; and
3. wildlife shall be protected and managed in accordance with the international standards and obligations.
The Wildlife Service shall respect the will of the people, the rule of law, civilian authority, democracy, human rights, fundamental freedoms and the protection of animals in accordance with the law.
The organization, functions, powers and terms and conditions of service of the Wildlife Service shall be regulated by law.

158. The Fire Brigade Service

There shall be a fire brigade service to be known as the National Fire Brigade Service and it shall be a decentralized professional service.
The mission of the Fire Brigade Service shall be to prevent and protect the people of South Sudan and their property from fire and disasters.
The Fire Brigade Service shall be organized at all levels of government.
The Fire Brigade Service shall be headed by a Commissioner of Fire Brigade appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
The national Fire Brigade Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of fire brigade officers throughout South Sudan.
The organization, functions and terms and conditions of service of the Fire Brigade Service shall be regulated by law.

CHAPTER III. NATIONAL SECURITY

159. Guiding Principles of National Security

National security shall:

be subject to the authority of this Constitution and the law;
be subordinate to the civilian authority;
respect the will of the people, the rule of law, democracy, human rights and fundamental freedoms;
reflect the diversity of the people of South Sudan in its recruitment; and
be professional and its mandate shall focus on information gathering, analysis and advice to the relevant authorities.

160. National Security Service

There shall be established a security service which shall be known as the National Security Service.
1. The National Security Service shall have two operational organs, to be known as:
  1. the Internal Security Bureau; and
  2. the General Intelligence Bureau;
2. Each of the operational organs shall be headed by a Director-General appointed by the President with the approval of the Security Council upon the recommendation of the Minister in charge.
The two operational organs shall be under a Minister in the Office of the President who shall report to and be directly accountable to the President.
The National Security Service shall be charged with the internal and external security of the Country and its people.
The structures, mission, mandate, functions of the Service, and the terms and conditions of service of its personnel shall be prescribed by law.

161. National Security Council and Committees

There shall be established at the national level a National Security Council, the composition and functions of which shall be determined by law.
The National Security Council shall define the national security strategy based on the analysis of all threats to security of South Sudan.
There shall be established at the state and county levels security committees; their composition and functions shall be prescribed by law.