S. Sudan law experts want all Bill of Rights in constitution
By Aguok Chok
The Dean of the School of Law at the University of Juba, Dr. Alfaki Chol has raised concerns about the missing Bill of Rights in the South Sudan transitional constitution.
“But we think that there are certain important rights that should be mentioned in the Constitution,” he said. He noted that while some rights are included in the Bill of Rights, others are only listed under guiding principles, which are not legally binding.
“For example, the right to work is not mentioned as a right. There is no constitutional right that every person can work. It is not mentioned in the Constitution,” Dr. Chol explained.
He also highlighted the absence of the right to a clean environment and access to food in a healthy setting.
“That one is not mentioned in the Constitution. It is mentioned in the guiding principles, which are normally possible, can guide the government communities for work, but may not if the situation is not helping,” he added.
Dr. Chol argued that these two rights the right to work and the right to a clean environment should be explicitly stated in the Constitution.
“They must be mentioned clearly as rights of citizens,” he insisted.
The legal expert raised the concerns during a workshop on the role of the South Sudan Bar Association in the country’s political transition.
At this meeting, legal experts and scholars emphasized the need to include additional fundamental rights in the Constitution.
They said the Bill of Rights must include key rights.
Another crucial omission, he pointed out, is the explicit guarantee of religious freedom.
“In Article 23 of the Constitution, it talks about religious rights… but it doesn’t talk about the freedom of religion itself,” he said.
“Because freedom of thought, freedom of thinking, freedom of belief should be guaranteed first, and then we talk about the collective rights.”
A Senior Advocate, Monyluak Alor Kuol also emphasized the importance of the Bill of Rights, linking it to international human rights treaties.
“The United Nations emphasized peace and stability among nations is related to the recognition of and respect for human rights,” he said.
He stressed that South Sudan’s Bill of Rights should align with international human rights standards to ensure protection and implementation.
Kuol further highlighted the role of the South Sudan Bar Association in safeguarding human rights.
“The Bar Association can work like a watchdog in case of non-implementation of existing human rights,” he stated.
He encouraged legal professionals to hold the government accountable and push for necessary constitutional amendments.
