Constitutional Implications of General Akol Koor’s House Arrest

Mark-DengAuthor: Mark A.W. Deng
Melbourne Law School

Summary

This piece provides a critical analysis of General Akol Koor Kuch’s house arrest from a legal and constitutional perspective. It makes two principal arguments: 1) in placing General Akol under house arrest without having been formally charged with a crime and sentenced by a court of law, the executive government of South Sudan has assumed the fundamental function of courts to determine and award punishment for violations of laws;2) the house arrest violates General Akol’s personal liberty and fair trial protected in the Transitional Constitution of South Sudan, 2011.

Read the rest of this entry »


Relearning conflict-related sexual violence: expanding the lens of violence

Lesego-SekhuAuthor: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation

Given the severity of conflict-related sexual violence during intra-state and inter-state conflicts in the last decade, transitional justice and peacebuilding efforts have directed resources to investigating this form of sexual and gender-based violence. They aim to create measures to both prevent and address the consequences of these atrocities. Notwithstanding the intention, the conventional understanding of conflict-related sexual violence is flawed and neglects the continuities and diversity of violence that permits continued impunity for sexual and gender-based violence during conflict.

Read the rest of this entry »


Consequences of Child Marriage on the Girl-Child’s Right to Health in South Sudan

Akot-Makur-ChuotAuthor: Akot Makur Chuot
Assistant Lecturer, School of Law, University of Juba, South Sudan

Introduction

Being born a girl in South Sudan is akin to being ‘born a problem.’ I derived this phrase from the article by Marry Ellsberg and others titled, ‘ If You Are Born a Girl in This Crisis, You Are Born a Problem….’ This sums up the dire situation a girl-child faces in South Sudan. Among the many egregious human rights violations experienced by the girl-child in South Sudan is child marriage. This practice has shattered the dreams and lives of many young girls. The rate at which child marriage is negatively affecting the health of the girl-child is alarming and calls for swift action from stakeholders. This is a moral and legal obligation.

With this context in mind this article examines the negative consequences of child marriage on the girl-child’s right to health, assesses the steps South Sudan has taken to curb the phenomenon, and explores the loopholes in the laws and policies.

Read the rest of this entry »


Oil production in South Sudan: A lifeline for the economy or an infringement on children’s right to a safe, clean and healthy environment?

Akot-Makur-ChuotAuthor: Akot Makur Chuot
LLM Candidate, Centre for Human Rights, University of Pretoria

Introduction

Oil-operating companies have been acting carte blanche with absolute impunity in South Sudan without complying with international practices premised on human rights considerations. The human rights violations in Unity and Upper Nile States are a testimony that private businesses in the oil and gas industry are unfettered in South Sudan. As a result, the actions and omissions of oil-operating companies in South Sudan have resulted in violations of children’s rights as will be explored in section 4 of the article. This is attested by the birth of children with deformities, stillbirth and several health concerns.  It can be argued that the failure of South Sudan to regulate the business enterprises in the oil sector is a breach of its obligations under international human rights law.

Read the rest of this entry »


Redefining criminal defamation laws in South Sudan for enhanced press freedom: Lessons from Konaté v. Burkina Faso

Mayen-Mangok-RuopAuthor: Mayen Mangok Ruop
LLM Candidate, Centre for Human Rights, University of Pretoria

Introduction

Despite a global shift toward decriminalisation, 160 countries still maintain criminal defamation laws. These laws are often justified as targeting disinformation, misinformation, cybercrime, or hate speech. However, they frequently include vague language or impose disproportionate punishments, which can negatively impact media freedom and pose a broader threat to freedom of expression. While a few African countries have adopted the decriminalisation regimes, many countries still maintain strict defamation laws. In South Sudan, criminal defamation is frequently used for stifling journalists and restricting press freedom, thereby obstructing the nation’s democratisation efforts.

Read the rest of this entry »


Right to education: A conundrum for children with disabilities in South Sudan

Akot-Makur-ChuotAuthor: Akot Makur Chuot
LLM Candidate, Centre for Human Rights, University of Pretoria

Introduction

As the world steers to inclusive education in line with the United Nations Sustainable Development Goals Agenda 2030, particularly goal 4, which reiterates the right to education for everyone, including children with disabilities, South Sudan lags in meeting this goal. The right to education is a fundamental human right upon which other rights can be achieved. Quality education equips children with the tools, talents, and skills to cope with the challenges they face in life and be responsible global citizens. Although South Sudan is a party to the African Charter on Human and Peoples’ Rights, the United Nations Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with Disabilities (CRPD), and have enacted legislations that prohibit discrimination and guarantee all children’s right to education, children with disabilities face significant challenges in achieving the right to education.

Read the rest of this entry »


The National Security Bill of 2024: A threat to freedom of expression in South Sudan

Akot-Makur-ChuotAuthor: Akot Makur Chuot
LLM Candidate, Human Rights and Democratisation in Africa, University of Pretoria

Introduction

On 3 July 2024, the Revitalised National Transitional Legislative Assembly of South Sudan passed the controversial National Security Bill, which among others empowers (sections 54 & 55) the National Security Services to make arrests and detain anyone suspected of having committed an offence against the state without a warrant of arrest. The Bill was controversially passed by a vote of 274 in favour and 114 against, with 3 abstentions. This is in the face of a democratic transition as South Sudan heads to poll on 22 in December 2024 as per the announcement of the National Elections Commission. If the President does not sign the Bill within 30 days from the day it was passed, it will automatically become law.

Read the rest of this entry »


Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget

Justin-Monyping-AterAuthor: Justin Monyping Ater
Law lecturer, School of Law, University of Juba, South Sudan

Introduction

On 30 June 2024, the first Undersecretary of the National Ministry of Finance and Planning of South Sudan issued a public notice announcing the end of the ‘Fiscal Year 2023/2024’. The Undersecretary further noted that the:

 ‘Ministry of Finance and Planning will not receive new claims until the 2024/2025 Budget is passed by the National Legislature and assented into law’.

As indicated in the notice itself, whatever is contained in it, was to be effective immediately considering the date it was issued. This is because under section 15(5) of the Public Financial Management and Accountability Act, 2011:

‘The Financial Year shall cover a period of 12 months, which shall run from 1st July to 30th June each year’.

Read the rest of this entry »


Climate change and children’s right to education: Exploring sustainable approaches to climate-induced heatwaves in South Sudan

Justin-Monyping-AterAuthor: Justin Monyping Ater
Law lecturer, School of Law, University of Juba, South Sudan

Introduction

South Sudan is increasingly becoming extremely vulnerable to climate change events such as excessive climate-induced heatwaves. Evidence suggests that this may be because the country falls under the category of the least developed Countries (LDC). These countries bear a greater burden of climate change’s adverse consequences than developed countries, yet they emit less greenhouse gases. This is because LDCs lack resources and the capacity to mitigate and adapt to climate change. The rationale also applies within a country. Each state has communities and individuals who are disproportionately vulnerable to climate change and its effects. For instance, as of 14, 15, and 16 March 2024, South Sudan’s government made considerable press releases spotlighting the disproportionate impacts of heatwaves on vulnerable groups such as children. This resulted in, for example, climate related deaths and consequently closing and re-opening of schools without strategies to keep the schools open and avoid the perpetual violation of children’s right to education. In light of this, it is argued that the government’s response of closing down schools was unsustainable. To avoid future interruption to learning, the government should adopt sustainable strategies such as the construction of climate resilient classrooms. However, in the meantime, children should be educated about climate change and its consequences to make them climate resilient. Following this introduction, the article discusses South Sudan’s obligation under international and national frameworks that provide basis for initiating and developing durable strategies to curb climate change and thereby protect children’s right to education.

Read the rest of this entry »


President Mayardit shouldn’t run in the 2024 election: 3 compelling reasons

Mark-DengAuthor: Mark Deng
McKenzie Postdoctoral Research Fellow, University of Melbourne, Australia

In my recent article, I discussed how President Salva Kiir Mayardit has vowed to hold the first election in South Sudan in 2024. In this article, I argue that he shouldn’t run in the election. I provide 3 compelling reasons to justify my argument: President Mayardit’s overstay in power, the need for the country to heal without him in power, and his apparent poor health.

Read the rest of this entry »