South Sudan 2011 Constitution (reviewed 2013)

PART THREE. FUNDAMENTAL OBJECTIVES AND GUIDING PRINCIPLES

CHAPTER I. OBJECTIVES AND PRINCIPLES

35. Guiding Objectives and Principles

1. All levels of government and their organs, institutions and citizens shall be guided by the objectives and principles contained in this Constitution.
2. This Constitution shall be interpreted and applied to advance the individual dignity and address the particular needs of the people by dedicating public resources and focusing attention on the provision of gainful employment for the people, and improving their lives by building roads, schools, airports, community institutions, hospitals, providing clean water, food security, electric power and telecommunication services to every part of the country.

36. Political Objectives

1. All levels of government shall promote democratic principles and political pluralism, and shall be guided by the principles of decentralization and devolution of power to the people through the appropriate levels of government where they can best manage and direct their affairs.
2. All levels of government shall:
   1. promote and consolidate peace and create a secure and stable political environment for socio-economic development;
   2. initiate a comprehensive process of national reconciliation and healing that shall promote national harmony, unity and peaceful co-existence among the people of South Sudan;
   3. inculcate in the people a culture of peace, unity, cooperation, understanding, tolerance and respect for customs, traditions and beliefs of each other; and
   4. mobilize popular energies and resources for reconstruction and development.
3. The security and welfare of the people of South Sudan shall be the primary duty of all levels of government.
4. The composition of governments shall take into account ethnic, regional and social diversity in order to promote national unity and command national loyalty.
5. All public offices shall be held in trust for the people and all persons in positions of leadership and responsibility shall be answerable to the people in their work and duties.

37. Economic Objectives

1. The principal objective of the economic development strategy shall be the:
   1. eradication of poverty;
   2. attainment of the Millennium Development Goals;
   3. guaranteeing the equitable distribution of wealth;
   4. redressing imbalances of income; and
   5. achieving a decent standard of life for the people of South Sudan.
2. All levels of government shall:
   1. develop and regulate the economy in order to achieve prosperity through policies aimed at increasing production, creating an efficient and self-reliant economy and encouraging free market and prohibition of monopoly;
   2. protect and ensure the sustainable management and utilization of natural resources including land, water, petroleum, minerals, fauna and flora for the benefit of the people;
   3. facilitate the development of the private sector, particularly indigenous entrepreneurs to establish and develop a viable private sector capable of participating effectively in reconstruction and development;
   4. promote private initiative and self-reliance and take all necessary steps to involve the people in the formulation and implementation of development plans and programmes that affect them and to enhance as well their right to equal opportunities in development;
   5. promote agricultural, industrial and technological development by adopting appropriate policies and legislation for the encouragement and attraction of local and foreign investment; and
   6. take necessary measures to bring about balanced, integrated and equitable development of different areas and to encourage and expedite rural development as a strategy for averting urban-biased development and policies that have been responsible for the neglect of rural communities.
3. The State shall ensure that National wealth is equitably shared among all levels of government for the welfare of the people.

38. Education, Science, Art and Culture

1. All levels of government shall:
   1. promote education at their respective levels to create the necessary qualified cadres for development;
   2. mobilize public, private and communal resources and capabilities for education and promotion of scientific research geared towards development;
   3. encourage and promote arts and craft and foster their patronization by government institutions and citizens;
   4. recognize cultural diversity and encourage such diverse cultures to harmoniously flourish and find expression through education and the media;
   5. protect cultural heritage, monuments and places of national, historic or religious importance from destruction, desecration, unlawful removal or illegal export; and
   6. protect, preserve and promote the cultures of the people which enhance their human dignity and are consistent with the fundamental objectives and principles set out in this Chapter.
2. The National Government shall:
   1. guarantee academic freedom in institutions of higher education and protect the freedom of scientific research within the ethical parameters of research and as shall be regulated by law; and
   2. endeavour to avail the necessary financial resources to make education affordable at secondary and higher levels, including technical and vocational training, in order to bridge the educational gap caused by the collapse of educational services during the years of conflict.
3. Every person or group of persons shall have the right to establish and maintain private schools and other educational institutions at all levels in accordance with the conditions and standards prescribed by law.

39. Family

1. Family is the natural and fundamental unit of society and shall be protected by law.
2. All levels of government shall promote the welfare of the family and enact the necessary laws for its protection.
3. It is the right and duty of parents to care for and bring up their children.
4. Children shall not be separated from their parents or persons legally entitled to care for them against the will of such parents or persons, except in accordance with the law.

40. Children, Youth and Sports

All levels of government shall:

1. adopt policies and provide facilities for the welfare of children and youth and ensure that they develop morally and physically, and are protected from moral and physical abuse and abandonment;
2. promote recreational facilities and sports for all the citizens and empower the youth to develop their potentials; and
3. establish, protect, support popular sports institutions, indigenous games and their sustainability.

41. The Environment

1. Every person or community shall have the right to a clean and healthy environment.
2. Every person shall have the obligation to protect the environment for the benefit of present and future generations.
3. Every person shall have the right to have the environment protected for the benefit of present and future generations, through appropriate legislative action and other measures that:
   1. prevent pollution and ecological degradation;
   2. promote conservation; and
   3. secure ecologically sustainable development and use of natural resources while promoting rational economic and social development so as to protect genetic stability and bio-diversity.
4. All levels of government shall develop energy policies that will ensure that the basic needs of the people are met while protecting and preserving the environment.

42. Defence of the Republic of South Sudan

1. Defence of the Republic of South Sudan is an honour and a duty of every citizen.
2. The State shall, by law, provide for the care of the combatants, the wounded heroes and heroines, the families of martyrs and those missing in action.

43. Foreign Policy

Foreign policy of the Republic of South Sudan shall serve the national interest and shall be conducted independently and transparently with the view to achieving the following:

1. promotion of international cooperation, specially within the United Nations family, African Union and other international and regional organizations, for the purposes of consolidating universal peace and security, respect for international law, treaty obligations and fostering a just world economic order;
2. achievement of African economic integration, within the ongoing regional plans and fora as well as promoting African unity and co-operation as foreseen in those plans;
3. enhancement of respect for human rights and fundamental freedoms regionally and internationally;
4. promotion of dialogue among civilizations and establishment of international order based on justice and common human destiny;
5. respect for international law and treaty obligations, as well as the seeking of the peaceful settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication;
6. enhancement of economic cooperation among countries of the region;
7. non-interference in the affairs of other States, promotion of good- neighbourliness and mutual cooperation with all neighbours and maintaining amicable and balanced relations with other countries; and
8. combating international and trans-national organized crime, piracy and terrorism.

44. Saving

Unless this Constitution otherwise provides or a duly enacted law guarantees, the rights and liberties described and the provisions contained in this Chapter are not by themselves enforceable in a court of law; however, the principles expressed herein are basic to governance and the State shall be guided by them, especially in making policies and laws.

CHAPTER II. CITIZENSHIP AND NATIONALITY

45. Citizenship and Rights

1. Every person born to a South Sudanese mother or father shall have an inalienable right to enjoy South Sudanese citizenship and nationality.
2. Citizenship is the basis of equal rights and duties for all South Sudanese.
3. Every citizen shall enjoy all the rights guaranteed by this Constitution.
4. The law shall regulate citizenship and naturalization; no naturalized citizen shall be deprived of his or her acquired citizenship except in accordance with the law.
5. A South Sudanese national may acquire the nationality of another country as shall be prescribed by law.
6. A non-South Sudanese may acquire the nationality of South Sudan by naturalization as shall be prescribed by law.

46. Duties of the Citizen

1. It shall be the duty of every citizen to uphold and abide by this Constitution and respect the laws of South Sudan.
2. Every citizen shall in particular:
   1. defend the country and respond to the call for national service in accordance with the provisions of this Constitution and the law;
   2. promote peace, harmony, unity, fraternity and tolerance among all people of South Sudan in order to transcend ethnic, religious, geographical and political divisions;
   3. preserve and protect public funds and assets and respect legal and financial obligations;
   4. prevent and combat corruption and sabotage;
   5. participate in the development of South Sudan;
   6. abide by the law and co-operate with the appropriate agencies in the maintenance of law and order;
   7. protect the environment and conserve natural resources;
   8. be guided and informed in all actions by the interests of the nation and the principles enshrined in this Constitution;
   9. promote democracy, good governance and the rule of law; and
   10. respect the rights and freedoms of others.

CHAPTER III. THE DECENTRALIZED SYSTEM OF GOVERNANCE

47. Levels of Government

South Sudan shall have a decentralized system of government with the following levels:

1. the National level which shall exercise authority in respect of the people and the states;
2. the state level of government, which shall exercise authority within a state, and render public services through the level closest to the people; and
3. the local government level within the state, which shall be the closest level to the people.

48. Devolution of Powers

1. The following principles shall guide the devolution and exercise of powers:
   1. affirmation of the need for norms and standards of governance and administration at the state and local government levels that reflect the unity of the people of South Sudan while recognizing their diversity;
   2. acknowledgement of the roles of the National Government and the states in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms;
   3. recognition of the need for the involvement and participation of all people of South Sudan at all levels of government as an expression of unity; and
   4. pursuit of good governance through democracy, separation of powers, transparency, accountability and respect for the rule of law to enhance peace, socio-economic development and political stability.
2. The National Government shall:
   1. exercise its competences in accordance with this Constitution and the law; and
   2. respect the powers devolved to the states and local governments.

49. Inter-Governmental Linkages

1. In the administration of the decentralized system of governance, the following principles of inter-governmental linkages shall be observed:
   1. the linkage between the National Government and the local government shall be through the government of the relevant state;
   2. in their relationships with each other or with other government organs, all levels of government shall observe the following:
      1. respect each other’s powers and competences; and
      2. collaborate in the task of governing and assist each other in fulfilling their respective constitutional obligations;
   3. government organs at all levels shall perform their functions and exercise their powers so as:
      1. not to encroach on or assume powers or functions conferred upon any other level except as provided for in this Constitution;
      2. to promote co-operation by rendering assistance and support to other levels of government;
      3. to promote communication and coordination between all levels of government;
      4. to adhere to procedures of inter-governmental interaction and comity;
      5. to respect the status and institutions of other levels of government; and
      6. to promote amicable settlement of disputes before resorting to litigation;
   4. the harmonious and collaborative interaction of the different levels of government shall be within the context of national unity and for the achievement of a better quality of life for all.
2. Any two or more states may agree on mechanisms or arrangements to enhance inter-state co-ordination and co-operation.