Constitution of South Sudan/Part 1

by Southern Sudan Constitutional Drafting Committee

Part:	1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16

Schedule:	A, B, C, D, E

1 The Republic of South Sudan and its Territory

1. South Sudan is a sovereign and independent Republic, and it shall be known as “The Republic of South Sudan.”
2. The territory of the Republic of South Sudan comprises all lands and air space that constituted the three former Southern Provinces of Bahr el Ghazal, Equatoria and Upper Nile in their boundaries as they stood on January 1, 1956, and the Abyei Area, the territory of the nine Ngok Dinka chiefdoms transferred from Bahr el Ghazal Province to Kordofan Province in 1905 as defined by the Abyei Arbitration Tribunal Award of July 2009.
3. The Republic of South Sudan is bordered by Sudan in the north, Ethiopia in the east, Kenya and Uganda in the south, the Democratic Republic of Congo in the southwest, and the Central African Republic in the west.
4. South Sudan is governed on the basis of a decentralized democratic system and is an all embracing homeland for its people. It is a multi-ethnic, multi-cultural, multi-lingual, multi-religious and multi-racial entity where such diversities peacefully co-exist.
5. South Sudan is founded on justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms.

2 Sovereignty

1. Sovereignty is vested in the people and shall be exercised by the State through its democratic and representative institutions established by this Constitution and the law.

3 Supremacy of the Constitution

1. This Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions, organs and agencies of government throughout the Country.
2. The authority of government at all levels shall derive from this Constitution and the law.
3. The states’ constitutions and all laws shall conform to this Constitution.

4 Defence of the Constitution

1. No person or group of persons shall take or retain control of State power except in accordance with this Constitution.
2. Any person or group of persons who attempts to overthrow the constitutional government, or suspend or abrogate this Constitution commits treason.
3. Every citizen shall have the duty to resist any person or group of persons seeking to overthrow the constitutional government, or suspend or abrogate this Constitution.
4. All levels of government shall promote public awareness of this Constitution by translating it into national languages and disseminating it as widely as possible. They shall provide for the teaching of this Constitution in all public and private educational and training institutions as well as in the armed and other regular forces, by regularly transmitting and publishing programmes in respect thereof through the media and press.

5 Sources of Legislation

1. The sources of legislation in South Sudan shall be:
   1. this Constitution;
   2. customs and traditions of the people;
   3. the will of the people; and
   4. any other relevant source.

6 Language

1. All indigenous languages of South Sudan are national languages and shall be respected, developed and promoted.
2. English shall be the official working language in the Republic of South Sudan, as well as the language of instruction at all levels of education.
3. The State shall promote the development of a sign language for the benefit of people with special needs.

7 Symbols

1. The flag, emblem, national anthem, coat of arms, public seal, medals, festivals, and commemorations of the State shall be prescribed by law.

8 Religion

1. Religion and State shall be separate.
2. All religions shall be treated equally and religion or religious beliefs shall not be used for divisive purposes.