THE BILL OF RIGHTS OF SOUTH SUDAN

5 December 2025

Preamble

This Bill of Rights is the foundation of freedom, dignity, and justice in South Sudan.

It belongs to the people, the 64 Nations, and all future generations.
It binds all public authorities, security forces, transitional bodies, and every person who exercises power.
It affirms that rights are not gifts from the state, but guarantees that each person holds by virtue of being human.

This Bill is to be read together with the People’s Charter for Federal Democracy and the principles of federal equality, civilian supremacy, environmental stewardship, accountability, and protection of ancestral lands.

Article 1 – Supremacy of Human Rights

This Bill of Rights is the highest expression of the values of South Sudan and shall guide all law, policy, and governance.
Rights in this Bill bind all state institutions, transitional authorities, security forces, and the People and Ancestral Lands Protection Unit (PALPU).
International human rights and humanitarian law instruments ratified by South Sudan are directly applicable and prevail over inconsistent national laws or orders.
No authority, including military or intelligence bodies, may act in a manner that violates this Bill.
Any act that violates a non-derogable right is void from the moment it is committed.
All public officials have a duty to prevent, report, and oppose violations of this Bill.

Article 2 – Equality and Non-Discrimination

Every person is equal in dignity and rights.
No person shall be discriminated against on grounds of ethnicity, nation, sex, gender, language, religion, political opinion, disability, age, sexual orientation, gender identity, or any other status.
All 64 Nations of South Sudan are equal. No Nation shall dominate another, and each Nation has the right to fair representation at local, regional, and federal levels.
Public institutions shall reflect the diversity of the 64 Nations, including women, youth, and marginalized groups.
Discriminatory deployment of security forces, allocation of public resources, or denial of services is prohibited.
Any person subjected to discrimination has the right to seek redress before an independent court or commission.

Article 3 – Right to Life

Every person has the inherent right to life.
No one shall be arbitrarily deprived of life, by action or omission, by any authority or armed group.
The death penalty is prohibited under all circumstances.
Extrajudicial executions, targeted killings, assassinations, and deliberate denial of medical care are prohibited.
All deaths caused by security forces, PALPU, or state agents must be promptly investigated by an independent body.
Commanders and superiors are responsible for unlawful killings committed by subordinates if they knew or should have known and failed to prevent or punish.

Article 4 – Human Dignity

Every person has the right to dignity and to be treated with humanity and respect.
Torture, cruel, inhuman, or degrading treatment or punishment are prohibited, including psychological torture and sexual violence.
No one shall be held in slavery, servitude, or forced labour.
Secret detention, enforced disappearance, and holding persons in unofficial sites are prohibited.
Survivors of torture or abuse have the right to rehabilitation, medical care, and compensation.
Command responsibility applies to acts of torture committed by subordinates.

Article 5 – Liberty and Security of the Person

No person shall be arbitrarily arrested, detained, or abducted.
Every person arrested shall be informed, in a language they understand, of the reasons for arrest and the charges.
Any person detained must be brought before a competent court within 72 hours.
All detainees have the right to legal counsel, to communicate with family, and to challenge the lawfulness of their detention.
Secret detention sites are prohibited and shall be closed immediately when discovered.
All places of detention must be officially declared, publicly listed, and accessible to oversight bodies and legal representatives.
Enforced disappearance is prohibited. Families have the right to know the fate and whereabouts of missing persons.

Article 6 – Fair Trial and Justice

Every person has the right to a fair, public, and timely hearing by an independent and impartial court.
Every accused person is presumed innocent until proven guilty beyond reasonable doubt.
No one shall be convicted for an act that was not a crime under national or international law at the time it was committed.
Military courts may not try civilians under any circumstances.
Every person has the right to legal aid where justice requires it.
Witnesses and victims shall be protected from intimidation and retaliation.
Trials shall be conducted without undue delay and with respect for human dignity.

Article 7 – Privacy and Data Protection

Every person has the right to privacy in their home, family, communications, digital data, and personal information.
Searches, surveillance, and data collection shall be lawful, necessary, proportionate, and authorized by an independent court.
Mass surveillance, political spying, or monitoring of citizens without individualized suspicion is prohibited.
Personal data shall not be shared or used without consent, except as authorized by law and oversight bodies.
An Independent Data Protection Authority shall enforce digital rights and investigate abuses.

Article 8 – Freedom of Thought, Conscience, and Religion

Every person has the right to freedom of thought, conscience, belief, and religion.
No one shall be compelled to adopt, change, or renounce a belief.
All faiths and belief systems shall be treated equally and protected from discrimination.
Religious communities may organize, teach, worship, and administer their affairs freely, provided they respect the rights of others.
No militia, armed group, or authority may impose religious conformity.

Article 9 – Freedom of Expression and Media

Every person has the right to freedom of expression, including the freedom to seek, receive, and share information.
Freedom of the press and independent media is guaranteed.
Journalists, whistleblowers, and media workers are protected from arrest, censorship, harassment, or violence.
Internet shutdowns, blocking of media, or restriction of communication networks are prohibited except under narrowly defined law, strictly necessary, and subject to judicial approval.
Laws shall not criminalize criticism of the government or public officials.

Article 10 – Assembly, Association, and Participation

Every person has the right to peaceful assembly, protest, and demonstration.
Every person has the right to form, join, and participate in associations, including political parties, civil society groups, and trade unions.
Security forces shall protect peaceful assemblies and may intervene only to prevent imminent harm.
Citizens have the right to vote, run for office, and participate in public affairs without discrimination.
Opposition parties shall be free to operate without intimidation, interference, or political repression.
No authority may ban an association or political party except by an order of an independent court.
The diaspora shall have full participation rights in national political processes.

Article 11 – Freedom of Movement, Residence, and Asylum

Every citizen has the right to move freely throughout South Sudan and to live, work, and reside in any region or community.
No person shall be denied residency or movement on the basis of ethnicity, Nation, political opinion, or social status.
Every citizen has the right to leave South Sudan and to return at any time.
No citizen shall be denied re-entry into the country or stripped of citizenship for political reasons.
Every person has the right to seek and enjoy asylum in another country in accordance with international law.
Refugees and internally displaced persons (IDPs) have the right to voluntary, safe, and dignified return to their homes and lands, with assistance and protection.
Forced displacement for political, military, ethnic, or commercial motives is prohibited and shall be treated as a constitutional violation.

Article 12 – Nationality and Citizenship

Every person has the right to a nationality.
No citizen shall be arbitrarily deprived of nationality or denied the right to change nationality.
Children of South Sudanese citizens, including those born abroad or in displacement, shall automatically acquire South Sudanese nationality.
Stateless persons, long-term refugees, and children separated from parents shall be afforded pathways to acquire nationality, in accordance with law and fairness.
Denial or revocation of nationality for political reasons is prohibited.

Article 13 – Family and Protection of Children

The family is the natural and fundamental unit of society and shall be protected by law.
Marriage shall be entered into only with the free and full consent of the spouses.
Children have the right to protection, care, identity, education, and development.
Child labour, exploitation, trafficking, and recruitment into armed forces or armed groups are prohibited.
Orphans, separated children, and children affected by conflict shall receive special protection and support.
Customary guardianship practices are recognised where they uphold dignity, equality, and the best interests of the child.
Every child has the right to birth registration and a legal identity from birth.

Article 14 – Property and Land

Every person has the right to own, use, and enjoy property alone or with others.
The ancestral lands and customary rights of the 64 Nations are recognised, protected, and shall not be infringed without community participation and consent.
Free, prior, and informed consent (FPIC) is required for any project, displacement, or resource extraction affecting community land.
Forced displacement, militarised land seizures, land grabbing, and unlawful evictions are strictly prohibited.
Victims of displacement shall have the right to return, restitution of land, or fair compensation where return is not possible.
A Federal Land and Natural Resources Commission shall oversee land governance, resolve disputes, and ensure transparent and fair management of land and resources.
Customary authorities shall participate in land governance in a manner consistent with equality, non-discrimination, and gender justice.

Article 15 – Economic, Social, and Cultural Rights

Every person has the right to education, healthcare, food, water, and adequate housing.
The state shall take reasonable measures to ensure progressively the full enjoyment of these rights and shall never deliberately deprive a community of essential services.
Every person has the right to work and to fair, safe, and dignified conditions of employment.
Every worker has the right to rest, leisure, and fair limitation of working hours.
Every person has the right to social protection, including for disability, age, or conflict-related injury.
All communities have the right to preserve and promote their language, culture, and heritage.
Public spending on essential services shall be transparent and free from corruption.

Article 16 – Right to Humanitarian Relief and the Federal Relief Commission

Every person has the right to timely, impartial, and effective humanitarian relief in situations of conflict, displacement, disaster, or public emergency.
The Federal Relief Commission shall be an independent institution with authority to coordinate and deliver humanitarian assistance across all regions.
The Commission shall operate on the principles of neutrality, transparency, and equity, and shall not discriminate on the basis of Nation, region, gender, political opinion, or any other status.
All public authorities and security forces shall provide safe access and full cooperation to the Federal Relief Commission and humanitarian partners.
Funding for the Commission shall be protected by law and shall not be withheld or diverted for political purposes.
Persons affected by conflict, displacement, or disaster shall have the right to return, resettlement, or reintegration in safety and dignity with support from the Commission.

Article 17 – Environmental and Climate Rights

Every person has the right to live in a clean, healthy, and sustainable environment.
Water sources, forests, wetlands, grazing lands, and ecosystems shall be protected for present and future generations.
Pollution, destruction of natural resources, and environmental degradation are prohibited.
Communities have the right to be consulted and to participate in decisions affecting their environment.
Environmental and Social Impact Assessments (ESIAs) are mandatory for any project affecting land, water, forests, or wildlife.
Ecocide is prohibited as a crime against nature and humanity.
A Federal Environmental Protection Authority shall enforce environmental laws and ensure accountability.

Article 18 – Rights of Women and Girls, and Rights of Youth

Women and men are equal in dignity and rights.
The state shall take concrete measures to eliminate gender-based violence and discrimination in all forms.
Women shall have equal participation and leadership in political, economic, and public life, with measures ensuring no less than 40 percent representation.
Youth have the right to participate meaningfully in governance and national development at all levels.
Harmful cultural practices that violate dignity or equality are prohibited.
Survivors of gender-based violence shall receive care, justice, and protection.

Article 19 – Rights of Persons with Disabilities

Persons with disabilities have the right to dignity, independence, inclusion, and accessibility.
Buildings, roads, services, and public spaces shall be accessible to all persons with disabilities.
Persons with disabilities shall have equal access to education, healthcare, employment, and public life.
Disability resulting from conflict or violence shall entitle the survivor to special support and rehabilitation.
A National Disability Council shall safeguard and promote disability rights.

Article 20 – Rights of the Diaspora

Citizens living abroad retain all rights of citizenship.
Diaspora citizens have the right to vote, run for office, and participate in national decision-making.
No citizen shall lose rights due to exile, displacement, or political persecution.
Property belonging to diaspora families shall be protected from confiscation or punitive actions.

Article 21 – Civilian Protection and Humanitarian Law

Civilians shall be protected at all times in accordance with international humanitarian law.
All armed forces, including PALPU and any transitional security body, shall comply with the principles of distinction, proportionality, necessity, and humanity.
Starvation of civilians as a method of warfare is prohibited.
Sexual violence, forced displacement, collective punishment, hostage-taking, and use of civilians as shields are prohibited.
Recruitment or use of persons under 18 in armed forces or groups is prohibited.
Humanitarian workers shall be protected, and safe, unhindered humanitarian access must be guaranteed.
Any allegation of violations of humanitarian law shall be independently investigated, and responsible individuals held to account.

Article 22 – Right to Information and Transparency

Every person has the right to access information held by public authorities, without needing to state a reason.
All public institutions shall publish budgets, expenditures, contracts, natural resource agreements, and all financial commitments in a timely and accessible manner.
Procurement processes, public tenders, and extractive agreements shall be fully transparent and subject to independent audit.
No authority may withhold information that exposes corruption, abuse of power, human rights violations, or environmental destruction.
Whistleblowers and individuals who disclose wrongdoing in good faith shall be protected by law from retaliation.
Journalists and civil society organisations have the right to investigate public bodies without interference.

Article 23 – Remedies and Oversight

Every person whose rights are violated has the right to an effective remedy from an independent court or competent body.
A Constitutional Court shall interpret and enforce this Bill of Rights and may strike down any law, policy, or action inconsistent with it.
Independent oversight institutions—including a Human Rights Commission, Anti-Corruption Commission, Inspector General, and Ombudsman—shall be established by law and protected from political interference.
These bodies shall have the power to investigate abuses, subpoena documents, require testimony, and issue binding recommendations.
Survivors of human rights violations shall have access to truth, justice, and reparations.

Article 24 – Transitional Justice

Victims of gross human rights violations have the right to truth, justice, reparation, and guarantees of non-recurrence.
Amnesty shall not apply to genocide, war crimes, crimes against humanity, or other serious violations of human rights.
A Hybrid or International Tribunal shall be sought where national courts lack capacity or impartiality.
Truth-telling processes shall be survivor-centred, protect witnesses, and ensure full participation of women and youth.
Public memorialisation and education programs shall preserve the memory of past atrocities and prevent recurrence.
Command responsibility shall apply to all persons exercising authority during conflict.

Article 25 – Derogations in Emergencies

Rights may be restricted only during a lawful state of emergency declared in accordance with strict constitutional procedures.
A state of emergency requires approval by Parliament and must be reviewed every 30 days.
The following rights are non-derogable: life, dignity, freedom from torture, slavery, enforced disappearance, and retroactive criminal laws.
Emergency powers shall not be used to restrict elections, silence media, dissolve political parties, or target specific Nations or groups.
All emergency measures are subject to judicial review.

Article 26 – Duties of Citizens

Every citizen has a duty to respect the rights and freedoms of others.
Every citizen has a duty to protect the environment, ancestral lands, and the cultural heritage of the 64 Nations.
Public officials have a duty to act with integrity, avoid conflicts of interest, and expose wrongdoing.
Every citizen has a duty to defend the constitutional order from unlawful seizure of power.

Article 27 – Federal Guarantees and Regional Autonomy

South Sudan is a federal democratic republic composed of autonomous regions, each with the authority to govern its internal affairs.
Federalism shall ensure equal dignity and representation of the 64 Nations, prevent domination, and enable local decision-making.
Regions shall control local resources, public services, security arrangements, and cultural preservation in accordance with the Constitution.
Revenue-sharing mechanisms shall be transparent, equitable, and subject to public oversight.
No region may be deprived of powers or resources for political or ethnic motives.

Article 28 – Governance of Natural Resources and Extractive Industries

Natural resources belong to the people and shall be managed for their benefit, with full transparency.
Communities shall participate directly in decisions related to natural resource extraction.
All extractive contracts must be made public, subject to independent review, and approved through lawful procedures.
Pollution, unsafe extraction, and environmental destruction are prohibited.
Resource revenue shall be used to promote equitable development, environmental protection, and future generations.

Article 29 – Security Sector Governance and Accountability

All security forces shall operate under civilian authority and in accordance with this Bill of Rights.
PALPU and all transitional or permanent security bodies shall respect international humanitarian law and human rights at all times.
The National Security Service (NSS), as previously constituted, shall not exist in any form that allows detention, political repression, or secret surveillance.
No security force may engage in commercial activities, extractive ventures, or political interference.
All security personnel shall undergo vetting to exclude individuals responsible for human rights abuses.
A Civilian Security Oversight Commission shall monitor conduct, investigate abuses, and report to Parliament and the public.
Members of security forces who violate rights shall be held individually accountable.

Article 30 – Intelligence and Surveillance Safeguards

Intelligence agencies shall operate strictly within constitutional limits, under civilian oversight, and may not detain or interrogate individuals.
Surveillance requires judicial authorization and must be necessary, proportionate, and time-limited.
Political spying, intimidation, and harassment by intelligence agencies are prohibited.
An independent inspectorate shall review intelligence operations annually.

Article 31 – Anti-Corruption and Public Integrity

Corruption is a threat to national stability and violates the rights of all citizens.
Public officials shall declare assets annually, and such declarations shall be public.
The Anti-Corruption Commission shall investigate, freeze, and recover stolen assets from within and outside South Sudan.
No public official may hold shares or financial interests in companies contracting with the state.
Whistleblowers shall receive strong legal protection.

Article 32 – Independent Commissions and Oversight Institutions

Independent commissions shall have constitutional protection, financial autonomy, and security of tenure for members.
These commissions include, but are not limited to:
a. Human Rights Commission
b. Anti-Corruption Commission
c. Environmental Protection Authority
d. Land and Natural Resources Commission
e. Inspector General’s Office
f. Media and Information Commission
g. Data Protection Authority
These bodies shall have investigative powers, authority to compel information, and independence from all political influence.

Article 33 – Rights in SSFDA-Controlled and Transitional Areas

All rights in this Bill apply fully in areas under SSFDA administration or influence.
PALPU and associated authorities shall facilitate humanitarian access, civil administration, and protection of civilians.
No armed actor may impede community self-governance, customary courts, or civilian oversight.
Transitional authorities shall operate transparently and in accordance with human rights and humanitarian law.

Article 34 – Digital Rights and Technology Governance

Every person has the right to access the internet and digital communication services without unjust interference.
The state shall promote digital inclusion and protect communities from harmful technologies.
Internet shutdowns and communication blackouts are prohibited except under strict judicial supervision and only in cases of clear danger.
Personal data belongs to the individual and shall not be exploited, sold, or misused.
Digital infrastructure shall be protected from political manipulation or surveillance abuse.

Article 35 – Rights of Future Generations

Present generations hold the land, environment, and resources in trust for future generations.
The state shall take measures to prevent environmental destruction, economic collapse, and conflict that would endanger the future.
Intergenerational justice principles shall guide national policies.

Article 36 – Final Interpretation Clause

This Bill of Rights shall be interpreted in a manner that enhances the protection of human dignity, equality, federalism, and justice.
Where rights conflict, interpretations that favour human dignity and the protection of the vulnerable shall prevail.
International human rights and humanitarian law shall guide interpretation.
Nothing in this Bill shall be used to restrict or deny any right that is inherent, recognised by international law, or necessary for human freedom.

Declaration

This Bill of Rights is an integral part of the Constitution of South Sudan and shall guide all laws, institutions, and authorities of the Republic. It guarantees that the dignity, equality, and freedoms of every person and every Nation are protected and upheld at all times.

Together with The Charter, which sets out the federal vision, the equality of the 64 Nations, and the principles of democratic governance, this Bill of Rights forms the core of South Sudan’s constitutional order. The two documents are to be read together and shall reinforce each other in protecting the people and guiding the state.

Aligned with the Universal Declaration of Human Rights, this Bill expands those universal principles with modern guarantees, including digital rights, climate and environmental justice, free, prior and informed consent, disability rights, anti corruption protections, the right to truth, and the right to humanitarian relief delivered through the Federal Relief Commission.

Grounded in the reality of South Sudan, it safeguards ancestral lands, protects the rights of the diaspora, and affirms the duties owed to future generations.

All public officials and security forces shall respect, protect, and fulfill these rights without exception. No authority may act contrary to them. These rights belong to the people of South Sudan and shall remain their permanent safeguard.