Constitutional Implications of General Akol Koor’s House Arrest
Posted: 29 April, 2025 Filed under: Mark Deng | Tags: fair trial, fundamental rights and freedoms, General Akol Koor Kuch, General Intelligence Bureau, house arrest, human rights violations, Morris Mabior Awikjok, National Security Service, nternal Security Bureau, President Salva Kiir Mayardit, public outcry, South Sudan, Transitional Constitution, treason, without a warrant 2 Comments
Author: 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.
Consequences of Child Marriage on the Girl-Child’s Right to Health in South Sudan
Posted: 2 January, 2025 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights (African Charter), basic human right, Child Act, child marriage, contraceptives, Convention on the Rights of the Child (CRC), customary courts, gender-based violence, girl-child, girl-child’s right to health, Harmful practices, international human rights law, international instruments, lack of knowledge, legal obligation, Maputo Protocol, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women’s Rights in Africa, right to health, right to life, sexual and reproductive rights, South Sudan, Transitional Constitution of the Republic of South Sudan 3 Comments
Author: 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.
Oil production in South Sudan: A lifeline for the economy or an infringement on children’s right to a safe, clean and healthy environment?
Posted: 22 November, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: accountability, African Charter on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child, business enterprises, children’s rights, Constitution of the Republic of South Sudan of 2011, deaths of children, economic interference, effective remedies, environment, environmental assessments, environmental pollution, fairness, human rights, international human rights law, legislation, Ogoni people, Oil production, oil sector, oil-fields, South Sudan, UN Guiding Principles on Business and Human Rights, violations of children’s rights Leave a comment
Author: 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.
Redefining criminal defamation laws in South Sudan for enhanced press freedom: Lessons from Konaté v. Burkina Faso
Posted: 27 September, 2024 Filed under: Mayen Mangok Ruop, Namatirayi Ngwasha | Tags: article 19 of the International Covenant on Civil and Political Rights, article 66(2)(c) of the Treaty of the Economic Community of West African States (ECOWAS), article 9 of the African Charter on Human and Peoples’ Rights, civil remedies, criminal defamation, criminal defamation laws, criminal penalties, cybercrime, defamation laws, disinformation, freedom of expression, hate speech, international human rights standards, Konaté case, Lohé Issa Konaté, media freedom, misinformation, press freedom, South Sudan Leave a comment
Author: 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.
Right to education: A conundrum for children with disabilities in South Sudan
Posted: 8 August, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights, Children with disabilities, contribution to the nation, delay of results, excessive heatwaves, fundamental human right, inaccessibility of classrooms, inclusive education, inexperienced teachers, limited education materials, long distances to and from schools, personal development, poor infrastructure, right to education, South Sudan, Transitional Constitution of the Republic of South Sudan of 2011, United Nations Convention on the Rights of the Child, United Nations Sustainable Development Goals Agenda 2030 1 Comment
Author: 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.
The National Security Bill of 2024: A threat to freedom of expression in South Sudan
Posted: 22 July, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights, arbitrary arrest, basic human right, Code of Criminal Procedure, democratic transition, fair trial, freedom of expression, freedom to express views freely, international human rights instrument, National Elections Commission, national security, National Security Bill, National Security Services, political consciousness, Public Prosecution Attorney, South Sudan, South Sudan military, warrant of arrest Leave a comment
Author: 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.
Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget
Posted: 15 July, 2024 Filed under: Justin Monyping Ater | Tags: adaptation strategies, climate adaptation, climate change, Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget, climate mitigation, education, health, human rights, human rights treaties, national budget, national human rights frameworks, National Legislature, Paris Agreement, right to life, South Sudan, UNFCCC, United Nations Framework Convention on Climate Change Leave a comment
Author: 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’.
President Mayardit shouldn’t run in the 2024 election: 3 compelling reasons
Posted: 25 April, 2024 Filed under: Mark Deng | Tags: 2024 election, civil war, communal conflicts, deadly violence, democratic right, epidemic of insecurity, incidents of violence, outbreak of violence, population census, President Mayardit, revitalised agreement, South Sudan, Transitional Period, Unification of forces Leave a comment
Author: 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.

Author: Lesego Sekhu