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South Sudan Attorneys in related practice areas.
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South Sudan, the world's youngest nation, has been embroiled in a civil conflict since 2013. As such, the landscape for civil and human rights in the country is fraught and precarious. While South Sudan has ratified several international human rights conventions and its own constitution protects certain civil and human rights, these rights are often violated in the context of ongoing conflict and instability. The rights to free speech, press, assembly, association, and freedom from torture are often breached, and there are serious concerns about rule of law and due process, including arbitrary arrests, detentions, and politically motivated prosecutions.
Legal help is often required when human and civil rights are infringed upon. You might need a lawyer in South Sudan if you're caught up in any legal issues pertaining to arbitrary arrests, detentions, politically motivated prosecutions, or freedom of speech, press, assembly, and association. Lawyers can also assist in cases of forced disappearance, torture, inhumane, and degrading treatment, as well as land rights disputes, which are common in the country.
The Transitional Constitution of South Sudan is the supreme law of the land and affirms the bill of rights which includes economic, social, cultural, civil and political rights. However, amidst the ongoing conflict and political instability, these constitutional guarantees are frequently ignored. The Penal Code Act 2008 and the Code of Criminal Procedure Act 2008 are other relevant laws, although they are also often disregarded. There are many other customary laws prevalent across different ethnic groups and regions within the country, some of which are in conflict with universally recognized human rights standards.
The constitution guarantees rights to free speech and peaceful assembly. However, these rights are frequently violated in practice.
No, according to South Sudan's Bill of Rights, arbitrary detention is prohibited. However, this right is often violated in practice.
Yes. The constitution prohibits such treatment, but again, this is frequently violated.
Yes, the constitution prohibits discrimination on grounds of race, ethnic origin, gender, or other status. However, discrimination against marginalized groups is pervasive.
Yes, potentially you can seek redress through the courts, but the rule of law is weak and the judiciary is not independent.
Yes, the constitution guarantees the right to a fair trial, which includes a presumption of innocence and the right to defense. However, these rights are often neglected in practice.
The constitution provides for freedom of the press, but in reality, journalists often face harassment, arrest and violence.
The Land Act 2009 outlines property and land rights, but these laws are often contravened, particularly concerning gender and land tenure.
The constitution guarantees gender equality. However, in reality, women often face discrimination in almost all aspects of social, economic, and political life.
Yes, the constitution provides for free primary education, but there is a lack of infrastructure and resources, and ongoing conflict often disrupts access to education.
The United Nations Human Rights Commission (UNHRC), Amnesty International, Human Rights Watch, and local NGOs like the South Sudan Law Society can provide support and information on civil and human rights in South Sudan.
If your civil or human rights have been violated and you want legal assistance, your first step should be to contact a trusted local or international NGO, such as those mentioned above, for help and advice. It is advisable to seek their guidance before contacting a lawyer due to the complex and often dangerous legal landscape in South Sudan.
