South Sudan

11. Life and human dignity

Every person has the inherent right to life, dignity and the integrity of his or her person which shall be protected by law; no one shall be arbitrarily deprived of his or her life.

12. Personal liberty

Every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction of his or her liberty except for specified reasons and in accordance with procedures prescribed by law.

13.Freedom from Slavery, Servitude and Forced Labour

1. Slavery and slave trade in all forms are prohibited. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced or compulsory labour except as a penalty upon conviction by a competent court of law.

15. Right to found a family

Every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry.

17. Rights of the child

1.Every child has the right:

1. not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which may be hazardous or harmful to his or her education, health or well-being;
2. to be protected from abduction and trafficking.

27. Freedom of movement and residence

1. Every citizen shall have the right to freedom of movement and the liberty to choose his or her residence except for reasons of public health and safety as shall be regulated by law.

2. Every citizen shall have the right to leave and or return to South Sudan.

Constitution of South Sudan 2011 (revised 2013 (PDF)

Article 252. Soliciting.

Whoever publicly solicits another person for the purposes of prostitution commits the offence of soliciting, and upon conviction shall be sentenced to imprisonment for a term not exceeding six months with a fine or with both.

Article 253. Living off or Facilitating Prostitution.

Whoever—

(a) keeps a brothel; or

(b) demands from a prostitute any payment or reward in consideration of the person—

(i) keeping, managing or assisting in the keeping of a brothel in which the prostitute is, or has been, living for immoral purposes;

(ii) having solicited other persons for immoral purposes on behalf of the prostitute; or

(iii) having effected the prostitute’s entry into a brothel for the purpose of prostitution; or

(iv) having brought or assisted in bringing the prostitute into Southern Sudan for immoral purposes; or

(c) demands from a prostitute any payment or reward in consideration for any present or past immoral connection with the prostitute,

commits the offence of facilitating prostitution, and upon conviction, shall be sentenced to imprisonment for a term not exceeding two years with a fine or with both.

Article 254. Procuring.

Whoever, procures any other person—

(a) for the purposes of engaging in unlawful sexual conduct with another person or with persons generally, whether inside or outside Southern Sudan;

(b) to become a prostitute, whether inside or outside Southern Sudan;

(c) to leave Southern Sudan with the intent that the other person may become a prostitute, or

(d) to leave his or her usual place of residence, not being a brothel, with the intent that he or she may become an inmate of or a frequent brothel elsewhere,

commits the offence of procuring, and upon conviction shall be sentenced as follows—

(a) in a case where the person procured is a child, to imprisonment for a period not exceeding ten years or with a fine or with both;

(b) in any other case, to imprisonment for a period not exceeding two years or with a fine or with both.

Article 273. Kidnapping or Abducting a Woman to Compel her Marriage, etc.

Whoever, kidnaps or abducts any woman with intent that she may be compelled or knowing it to be likely that she will be compelled to marry any person against her will or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse, commits an offence and shall be addressed according to the customs and traditions of the aggrieved party, in lieu of that and upon conviction, shall be sentenced to imprisonment for a term not exceeding ten years or with a fine or with both.

Article 276. Buying or Selling or Disposal of a minor for purpose of Prostitution.

Whoever buys, sells, hires, lets to hire or otherwise obtains possession or disposes of any person under the age of eighteen with the intent that such a person shall be employed or used for any unlawful or immoral purpose or knowing it to be likely that such person will be employed or used for any such purpose, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding fourteen years or with a fine or with both.

Article 277: Unlawful Compulsory Labour.

Whoever, unlawfully compels any person to labour against the will of that person, commits an offence,and upon conviction, shall be sentenced to imprisonment for a term not exceeding two years or with a fine or with both.

Article 278. Kidnapping or Abducting in Order to Subject to Unlawful Compulsory Labour.

Whoever kidnaps or abducts any person with intent that such person may be unlawfully compelled to labour against his or her will commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both.

Article 279: Transferring Control of Person with Intent to Subject him or her to Unlawful Confinement or Unlawful Compulsory Labour.

Whoever for money or value, transfers or purports to transfer the possession or control of any person to another with the intent to enable such other person to confine such person unlawfully or to compel him or her unlawfully to labour against his or her will, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both.

Article 280: Possession or Control of Person in Southern Sudan after obtaining such Possession or Control Outside Southern Sudan.

Whoever, is in possession or control of any person within Southern Sudan having obtained such possession or control outside Southern Sudan by acts which would have constituted an offence if done within Southern Sudan, commits an offence, and upon conviction, shall be sentenced in the same manner as if such acts had been done within Southern Sudan.

Article 281: Transferring outside Southern Sudan the Possession of Person Obtained within Southern Sudan.

Whoever, being in possession or control of any person within Southern Sudan, conveys such person outside Southern Sudan and thereby transfers or purports to transfer the possession or control of such person in any manner which would constitute an offence if such transfer or purported transfer took place within Southern Sudan, commits an offence, and upon conviction, shall be sentenced in the same manner as if such transfer or purported transfer had taken place within Southern Sudan — Article 282: Trafficking in Persons. Whoever procures, entices or leads away, even with his or her consent, any person for sale or immoral purposes to be carried outside Southern Sudan, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both.

282. Trafficking in Persons 

Whoever procures, entices or leads away, even with his or her consent, any person for sale or immoral purposes to be carried outside Southern Sudan, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both.

The Penal Code Act 2008 (PDF)

10. Prohibition of Forced Labour

(1) No person shall engage in the recruitment or use of forced labour or assist any other person to engage in such activities.

(2) For the purpose of this sub-section, the following shall not constitute forced labour:

(a) any work or service exacted by virtue of compulsory military service laws or for work of a purely military character, provided that the recruitment of children for use in armed conflict shall be deemed to be forced labour;

(b) any work or service which forms part of the normal civic obligations of citizens in South Sudan;

(c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the work or service is carried out under the control and supervision of a public authority and that the person is not hired out to or placed at the disposal of any private person, company or association;

(d) any work or service exacted in case of emergency, such as in the event of war, natural disaster or threat of natural disaster or calamity, or any other circumstance that may endanger the existence or the wellbeing of the population or part of it; or

(e) Minor community service performed by any member of a community in the direct interest of the community, provided that the members or the representatives of such community are consulted.

(3) Without prejudice to sub-section (1) above, it is forbidden to make use of any form of forced labour as a means of:

(a) political coercion;

(b) economic development;

(c) labour discipline;

(d) punishment for participation in Strikes; and

(e) Discrimination based on any ground listed inSection6 of this Act.

13. Worst Forms of Child Labour

(1) No person shall engage or permit the engagement of a child under the age of eighteen years in any hazardous work, which constitutes the worst forms of child labour.

(2) The worst forms of child labour shall include:

(a) all forms of slavery or practices similar to slavery, such as sale and trafficking of children, debt bondage and serfdom, forced or compulsory labour, and forced or compulsory recruitment of children for use in armed conflict;

(b) the use, procurement or offer of a child for prostitution, for the production of

pornography or for pornographic performances;

(c) the use, procurement or offer of a child for illicit activities, in particular for the production and trafficking of drugs as defined in international treaties as ratified by the government;

(d) Work, which by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of the child.

(3) Following consultation with registered trade unions and Employers’ Association and on advice from the Council, the Minister shall issue regulations establishing a complete list of types of the worst forms of child labour.

(4) The Government shall design and implement programmes to eliminate the worst forms of child labour, prevent the engagement of children in such labour and:

(a) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration;

(b) ensure access to free basic education, and wherever possible and appropriate,

vocational training, for all children removed from the worst forms of child labour;

(c) identify and reach out to children at risk; and

(d) take account of the special situation of girls.

126. In case of any contravention of this Act, the offender shall be punished by one or more of the following:

(1) Imprisonment for a prison term of up to five years;

(2) A fine commensurate with the offence;

(3) Both of the above;

(4) Confiscation of any instrument used in such contravention;

(5) Cancellation of a license; or

(6) Closure of the premises for a period of up to 2 years.

5. Interpretation.

In this Act, unless the context otherwise requires, the following

words and expressions shall have the meanings assigned to them

respectively:

“Child labour” is work undertaken by a child that in some way harms or exploits him or her, whether physically, mentally, morally, or by preventing him or her from education;

“Trafficking” means the recruitment, transportation, transfer, sale, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud or deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation;

22. Right to Protection from Abuse.

(1) The Government shall take concrete measures to protect children from all forms of abuse and to ensure that any child who becomes the victim of abuse, as set out in this section shall be accorded appropriate treatment and rehabilitation.

(3) Every child has the right to be protected from the following types of treatment and abuse while in the care of parents, legal guardians, teachers, police or any other person who has care of a child—

(a) all forms of physical or mental violence, injury, abuse, negligent treatment, maltreatment or exploitation;

(b) abduction and trafficking, for any purpose or form, by any person including parents or guardians;

(c) sexual abuse, exploitation and harassment including, but not limited to rape, incest, inducement or coercion of a child to witness or engage in a sexual activity; the use of a child in prostitution or other sexual practices; and

(d) the use of a child in pornographic performances and materials.

(4) Whoever commits such an offence shall on conviction, be sentenced to imprisonment for a term not exceeding fourteen years.

23. Right to Protection from Marriage and other Negative and Harmful Cultural and Social Practices.

(1) Every child has the right to be protected from early marriage, forced circumcision, scarification, tattooing, piercing, tooth removal or any other cultural rite, custom or traditional practice that is likely to negatively affect the child’s life, health, welfare, dignity or physical, emotional, psychological, mental and intellectual development.

(2) Every child has the right to be protected from inheriting debts or fines and being held as a ransom in a family dispute.

25. Right to Protection from Child Labour.

(1) Every child has the right to be protected from exposure to economic exploitation and child labour.

(2) For the purposes of this section, “child labour” includes—

(a) work and activities related to mining and quarrying;

(b) portage of heavy loads and storage;

(c) heavy agricultural labour;

(d) construction work;

(e) work in industrial undertakings;

(f) work in places where heavy machines are used;

(g) work in places such as bars, hotels and places of entertainment, where a person may be exposed to immoral behaviour;

(h) work in electricity, gas, sanitary and water works;

(i) service with the police, prison or military forces;

(j) night work which constitutes work between the hours of six o’clock in the evening to six o’clock in the morning;

(k) driving or touting in vehicles;

(l) herding which jeopardizes the interest of the child;

(m) any type of sexual work; and

(n) tobacco production and trafficking.

(3) Subject to the provisions of section 25 (2), the minimum age for the admission of a child to a paid employment shall be fourteen years.

(4) The minimum age for the engagement of a child in light work shall be twelve years which constitutes work that is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school.

30. Penalties of Infringing any of the Rights of a Child.

Notwithstanding penalties contained in any other law, anyone who willfully or as a result of culpable negligence infringes any right of a child commits an offence and shall, on conviction, be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both, and may be liable to pay such compensation to the child as the Court deems fit and just.

Child Act (PDF)