LAWS OF SOUTHERN SUDAN
The Southern Sudan Human Rights Commission Act, 2009
In accordance with the provisions of Article 59 (2) (b) read together with Articl e
85 (1) of the Interim Constitution of Southern Sudan, 2005, the Southern Sudan
Legislative Assembly, with the assent of the President of the Government of
Southern Sudan hereby enacts the following: Chapter I
Section 1. Title and Commencement This Act may be cited as “The Southern Sudan Human Rights Commissi on Act,
2009” and shall come into force on the date of its signature by the President.
Section 2. Repeal and Saving Any provisions of an existing legislation in Southern Sudan which are governe d
by the provisions of this Act are hereby repealed or cease to operat e in Southern
Sudan; provided that , all proceedings, orders and regulations taken or made
thereunder, except to the extent they are cancelled by or are othe rwise
inconsistent with the provisions of this Act, shall remain in for ce or effect, until
they are repealed or amended in accordance with the provisions of this Act.
Section 3. Purpose This Act provides for the establishment and governance of an independent
commission to, inter alia, monitor the application and enforcement of the rights
and freedoms enshrined in the ICSS and ratified international and regi onal human
rights instruments, to investigate complaints against violatio ns of human rights, to
offer advice to government organs on any issues relating to human rights, and to
formulate, implement and oversee programmes of research, education and
awareness of citizens’ rights and obligations to enhance respect for human rights;
and other issues related thereto.
Section 4. Authority and Application
(1) This law is drafted in accordance with the provisions of Arti cle 149 of the
Interim Constitution of Southern Sudan, 2005 (“ICSS”), which grants the
Government of Southern Sudan the authority to establish an entity to
engage in the types of activities provided for in this Act.
(2) The provisions of this Act shall apply throughout Southern Sudan in all matters related to the functions and duties of the Commission as provided
for in this Act.
Section 5. Interpretations In this Act, unless the context otherwise requires, the following w ords and
expressions shall have the meanings assigned to them respectively:
“Assembly” means the Southern Sudan Legislative Assembly;
“Auditor-General” means the head of the Southern Sudan Auditor
“Chairperson ” means the Chairperson of the Commission appointed by
“Commission” means the Southern Sudan Human Rights Commission;
“Commissioner ” means a Member of the Commission appointed in
accordance with the provisions of this Act, and unless the context
otherwise requires, shall include the Chairperson, Deputy Chairperson,
full time and part time members;
“Constitution” means the Interim Constitution of Southern Sudan, 2005
“Deputy Chairperson” means the second highest authority of the
Commission, next to the Chairperson; “ Executive Director ” means the Chief Administrator of the Commission
in charge of its day to day activities;
“Government” means the Government of Southern Sudan (GoSS);
“Government Institution” means:
(a) Government, or any Government Ministry, the Bank of Southern Sudan, or any department, institution or undertaking thereof;
(b) any State government, department, institution of the State or undertaking thereof;
(c) any local government authority;
(d) any authority, commission, corporation, committee or other body, whether paid or unpaid, which is vested with or is performing,
whether permanently or temporarily and in part or wholly,
functions and duties of public nature, whether located within or
outside Southern Sudan;
“National Constitution” means the Interim National Constitution (INC);
“President” means the President of the Government of Southern Sudan;
“Property” means real or personal property of every description, including
money, whether situated in Southern Sudan or elsewhere and includes any
interest in movable or immovable property;
“Public Officials” means:
(a) all members of Southern Sudan and State governments including
the President, Vice President, Ministers, Assembly Members,
Governors, State Ministers, and County Commissioners;
(b) Judges of the Judiciary;
(c) persons employed or engaged in any capacity, including unpaid,
part-time or temporary employment in government institutions as
defined or who are under the control and supervision of an
employer who is a government institution as defined in this section
whether or not they are called employees;
“Public Service” means the Public Service of Southern Sudan;
“Public Service laws” means the laws, regulations and policies on public
service as may be in effect from time to time in Southern Sudan;
“Southern Sudan” means the territory which comprises the ten states
into which the previous regions of Upper Nile; Bahr EL Ghazal and
Equatoria have been decentralised;
“Support staff” means the support staff employed by the Commission
excluding the Commissioners.
Establishment, Functions, Duties and Principles
Section 6. Establishment of the Commission (1) “The Southern Sudan Human Rights Commission” (hereinafter called “the
Commission”) is hereby established as an autonomous commission in
Southern Sudan, to be responsible for, inter alia, monitoring the
application and enforcement of the rights and freedoms enshrined in the
ICSS and ratified international and regional human rights instrument s
receiving and investigating complaints against violations of human right s,
offering advice to government organs on issues relating to human rights,
and formulating, implementing and overseeing programmes of research,
education and awareness of citizens’ media rights and obligations to
enhance respect for human rights.
(2) The Commission shall be independent and impartial, and shall exerc ise its
powers and perform its functions and duties without fear or favour.
(3) The Commission shall have the powers of a body corporate and shall have
the right to:
(a) acquire, hold and dispose of movable and immovable property;
(b) sue and be sued; and,
(c) do all acts and things a body corporate may lawfully do.
(4) The Commission shall have its head office in the Capital of Southern
Sudan, and may establish branch offices in the ten states.
Section 7. Functions and Duties of the Commission (1) The functions and duties of the Commission shall, inter alia, be to:
(a) monitor the application and enforcement of the provisions of the
Act of Rights and other rights and freedoms enshrined in the
(b) investigate, on its own initiative or on a complaint made by any
person or group of persons against any violation of human rights;
(c) visit jails, prisons and places of detention or related facilities with a
view to assessing and inspecting conditions of the inmates and
make recommendations to the relevant authority;
(d) establish a continuing programme of research, education and
information to enhance respect for human rights;
(e) recommend to the Assembly effective measures to promote human
(f) create and sustain within the society awareness of the provisions of
the Constitution as the fundamental law of the people of Southern
Sudan in the area of human rights;
(g) educate and encourage the public to defend the Constitution at all
times against all forms of abuse and violation of human rights;
(h) formulate, implement and oversee programmes intended to
inculcate in the citizens of Southern Sudan awareness of their civi c
responsibilities and appreciation of their rights and obligations as
(i) monitor compliance of all levels of government in Southern Sudan
with international and regional human rights treaties and
conventions ratified by the Republic of the Sudan;
(j) express opinion or present advice to government organs on any
issue related to human rights; and
(k) perform such other functions as may be provided by law.
(2) The Commission shall submit its annual reports to the President and theAssembly on the state of human rights and freedoms in Southern
(3) The Commission shall be accountable to the public through the Assembly and the President.
(4) The Commission may engage in such other functions and duties, and exercise such other powers as conferred upon it by or under the ICSS, the
President, the provisions of this Act, and or any other law.
Governance of the Commission
Section 8. The Governance of the Commission
The Commission shall have the following governance structures:
(1). The Commission; and
(2). The Management.
Section 9. The Commission and Functions (1) The legal authority of the Human Rights Commission shall vest in the
Commission (hereinafter called the “Commission”), which shall be its
highest administrative and executive
(2) Decisions of the Commission shall be made in a transparent ma nner,
independent of political, industrial and any other influences.
(3) The functions and duties of the Commissioners shall be to:
(a) set policies, objectives and guidelines for the Commission;
(b) set priorities and annual performance targets for the Commission;
(c) review and evaluate the performance of the Commission;
(d) assess and approve the annual reports and the internally audited accounts of the Commission;
(e) oversee the process of realising the vision and strategic goals of the
(f) mobilise resources for the activities of the Commission as set out
in this Act;
(g) protect independence and autonomy of the Commission;
(j) approve the annual budget of the Commission for submission to the Assembly in the Government’s Annual Budget.
Section 10. Composition of the Commission
(1) The composition of the Commission shall be as follows: (a) Chairperson;
(b) Deputy Chairperson; and
(c) Three Commissioners.
(2). The Chairperson, Deputy Chairperson and Commissioners shall be appointed
by the President and approved by the Assembly by a simple majority vote.
(3). The Executive Director shall be appointed by the President on the
recommendation of the Commission. He or she shall be the Secretary of the
Commission as an ex-officio member.
(4). In the composition of the Commission, at least twenty-five percent of the
aggregate membership shall be women.
Section 11. Eligibility and Appointment
(1) The Chairperson, Deputy Chairperson and the Commissioners shall b e
selected from persons of high moral integrity, and shall possess t he
necessary qualifications, expertise and experience in matters rela ted to
human rights having regard to the provisions of section 10(4) above.
(2) Without prejudice to the generality of subsection (1), above, any pers on
shall be eligible for appointment to serve as the Chairperson, Deputy
Chairperson or a Commissioner if he or she meets the following
(a) a Sudanese citizenship;
(b) be of sound mind and high character;
(c) be at least thirty five years of age;
(d) not employed in the civil service or any other branch of Government;
(e) not a holder of a public office, or an employee of a political party;
(f) not a holder of an elected position at any level of government;
(g) possesses the skills and knowledge relevant to the work of the Commission or qualifications deemed relevant to the position;
(h) not an undischarged bankrupt or insolvent; and,
(i) not been convicted of an offence involving dishonesty or moral
Section 12. Declaration of Assets The Chairperson, Deputy Chairperson, Commissioners, and any senior public
service official employed by the Commission shall, upon assumption of his or her
office, make confidential declaration of his or her assets, liabi lities and income
including those of their spouses and children in accordance with arti cle 121(1) of
Section 13. Tenure, Resignation and Removal (1) The tenure of office of the Chairperson and Deputy Chairperson shal l be
five years, and the tenure of office of a Commissioner shall be f our years,
subject to renewal for one additional term.
(2) The Deputy Chairperson or a Commissioner may resign by a lette r
addressed to the President through the Chairperson. In case of the
Chairperson, he or she shall submit his or her letter of resignati on directly
to the President.
(3) The President may remove the Chairperson, Deputy Chairperson or a Commissioner from the Commission or upon a resolution passed by a
two-thirds majority vote of the Assembly, after a hearing. A hearing under
this section shall be held in accordance with the Assembly’s Conduct of
Business Regulations; provided that the concerned Commissioner shall be
given an opportunity to respond to the allegations.
(4) Reasons for removal under subsection (3) above, shall include but not
(a) ineligibility for appointment under section 11 of this Act;
(b) inability to perform the functions of his or her office.
(c) gross misconduct;
(d) incompetence and inefficiency;
(e) absence without permission or sufficient cause from three consecutive meetings of the Commission;
(f) conviction of an offence involving dishonesty, fraud or moral turpitude; and/or,
(5) Where the Chairperson, Deputy Chairperson or a Commissioner is removed
from office, resigns or dies, he or she shall be duly replaced under the same
conditions, and in the same manner, as he or she was appointed under section
11 of this Act.
Procedures and Committees of the Commission
Section 14. General Policies The Commissions shall lay down the general policies of operations, wi th
standards of conduct for the Commissioners and support staff which may not be
inconsistent with standards or codes of conduct contained in Public Servi ce laws.
Its policies of operations and standards of conduct shall be made a vailable to the
public for review and inspection.
Section 15. Proceedings of the Commission
(1) The Commission shall meet as often as it deems necessa ry and shall, in
any case, meet for the discharge of its functions and duties at lea st every
(2) The Chairperson may, at anytime, convene an extraordinary meeting of
the Commission and shall also call a meeting within ten calendar days
upon a written request for an extraordinary meeting by at least thre e
(3) The Chairperson, and in his or her absence, the Deputy Chairperson, shal l
convene and preside over all the meetings of the Commission, and in the
absence of both, the Commissioners present at the meeting shall elec t one
of them to preside over that meeting.
(4) Notice of a meeting of the Commission shall be served upon each
Commissioner in writing, by post or e-mail. When necessary, notice may
also be made by phone, provided that, the verbal notices are followed by
notices in writing.
(5) The quorum for meetings of the Commission shall be a simple m ajority of
all the Commissioners.
(6) For determination of quorum, a member withdrawing from a meeting
under section 16(3) below shall be considered as present.
(7) The decisions of the Commission shall be made by consensus and in l ieu
of that, by simple majority of the Commissioners present and voting and
in case of a tie, the chair shall have a casting vote.
(8) The Commission may, whenever necessary, invite any expert to provi de
specific technical knowledge during its meeting; provided that he or she
shall have no right to vote on any matter considered at the meeting.
(9) The meetings of the Commission shall not be open to the public unle ss
decided otherwise by the Chairperson on an ad hoc basis.
Section 16. Disclosure of Interests (1) Any Commissioner, who has a direct or indirect interest in a contract
made or proposed to be made by the Commission or in any other matter to
be considered by the Commission, shall disclose the nature or extent of his
or her interest at the meeting of the Commission, before the matt er is
discussed or considered.
(2) A disclosure made under subsection (1) above, shall be recorded in the
minutes of the meeting.
(3) Any Commissioner, who makes a disclosure under subsection (1) above,
shall not participate in the deliberations or take part in any dec ision of the
Commission with respect to that matter.
Section 17. Validity of Proceedings The validity of any proceedings of the Commission shall not be affecte d by a
vacancy in its membership or by any defect in the appointment or di squalification
of a Commissioner.
Section 18. Committees of the Commission (1) The Commission may set up committees to facilitate the ope rations of the
Commission, and to advise the Commission on matters as it may
(2) The Commission may also dissolve any committee which has fulfille d its
(3) Any committee set up under subsection (1) above, shall be headed by a
Commissioner and shall comprise of such persons as the Commission m ay
(4) The terms and conditions of service of members of any committee s et up
under this section shall be subject to the Public Service laws and
(5) The Commission may delegate any of its functions to a committee set up
by it subject to limitations as it may deem appropriate.
(6) Subject to any directives by the Commission, a committee set up under
this section may regulate its own proceedings.
Management of the Commission
Section19. Management of the Commission
(1). The Commission shall be administered by the Executive Director under the
supervision of the Chairperson of the Commission.
(2). The Executive Director shall, in the performance of his or her administrat ive
functions and duties be assisted by the officers and staff of the Commission.
Section 20. Functions and Duties of the Chairperson (1) Management of the Commission shall be under the direct supervision of
(2) Without prejudice to the generality of subsection (1) above, the
Chairperson shall have the following powers, functions and duties:
(a) representing the Commission in official functions and occasions, in
Southern Sudan, nationally, regionally and internationally;
(b) providing the oversight of and monitoring the use of funds of the
(c) providing periodic reports to the President and the Assembly as
approved by the Commission;
(d) appointing, within budgetary limitations, on the recommendation
of the Executive Director and approval of the Commission, the
officers and staff of the Commission in accordance with the Publ ic
Service laws and regulations;
(e) monitoring and evaluating the performance of the Commission;
(f) performing other functions and duties as may be prescribed by this
Act or any other law.
Section 21. Functions and Duties of the Deputy Chairperson
The Deputy Chairperson shall:-
(1). be the second highest authority in the Commission, he or she shall assist the
Chairperson in overseeing the day-to-day operations of the Commission and
acts in his or her absence; and
(2). perform other functions and duties that may be assigned to him or her by the
Chairperson or the Commission.
Section 22. Functions and Duties of the Executive Director
(1) Serve as the Chief Administrative and financial officer responsible f or the day
to day activities of the Commission and implement decisions of the
Commission and supervision of the staff.
(2). Supervise the practical implementation of the provisions of this Act.
(3). Table, three months before the beginning of each new financial year, to the
Commission, a work plan for the next financial year, setting out all the
objectives and activities of the Commission for the year, as well as estima tes of
expenditure and revenue related to the work plan;
(4).Table reports within three months after each financial year, to the
Commission, with regard to the activities of the Commission in the preceding
( 5). Initiate polices and framework documents to the Commission.
(6). Initiate internal polices and procedures including the job description of the
support staff and organizational chart of the Commission.
(7). Receive and execute resolutions and directives of the Commission.
(8). Perform other functions and duties prescribed in this Act.
Section 23. Remuneration of the Chairperson, Deputy Chairperson, Commissioners and the Executive Director
(1). The Chairperson shall have the status of a GoSS Minister and shall be
entitled to all the rights, privileges and benefits accorded to that
(2). The Deputy Chairperson shall have the status of a state Minister and
shall be entitled to all the rights, privileges and benefits accorded to that
(3). Commissioners shall have the status of an Undersecretary and shall be
entitled to all the rights, privileges and benefits accorded to that position.
(4). The Executive Director shall have the status of an Undersecretary and
shall be entitled to all the rights, privileges and benefits accorded to that
Section 24. Restriction on Outside Employment The Chairperson, Deputy Chairperson, Commissioners, Executive Director and
support staff of the Commission shall not practice any private profes sion, transact
commercial business, or receive remuneration or accept employment of any kind
from any source other than the Commission.
Section 25. Outsourced Functions The Chairperson, with the approval of the Commission, may engage experts a nd
professional advisors and institutions on a fixed term contract basi s to perform
partial functions of the Commission. Where such a contract substantive ly covers
the functions of one or more permanent staff positions in the organisa tional chart,
the term of the contract may not be for more than three months within one year.
Section 26. Oath
The Chairperson, Deputy Chairperson and every Commissioner shall, before
assuming his or her office, take the following oath of office before the President:
“I……………., do hereby swear by the Almighty God/solemnly affirm, that as
the Chairperson/Deputy Chairperson/Commissioner of the Southern Sudan
Human Rights Commission, I shall be faithful, and shall diligently and honestly
discharge my functions and duties, abide by the Interim Constitution of S outhern
Sudan, 2005 and shall strive to exercise the powers vested upon me by the
Southern Sudan Human Rights Commission Act, with integrity and dignity, in the
best interest of the people of Southern Sudan; and that I shall respe ct and abide by
all the rules, regulations and instructions thereunder; and that I s hall not without
due authority disclose or make known any information, matter or thing that comes
to my knowledge by reason of my assignment in the Commission, so help me
God/God is my witness”.
Section 27. Exemption from Liability No Commissioner, officer or employee of the Commission, shall be l iable for any
act or omission committed in the exercise or performance of his or her functions
and duties with the Commission; provided that such acts or omissions are
committed in good faith.
Section 28. The Power of Investigation The Commission shall have the power to investigate any allegations , facts,
conditions, practices or matters, which it considers necessary or prope r to
determine whether any person is engaged in or has violated human rights.
Section 29. Investigation Committee
If the Commission has a reasonable suspicion that a human rights viol ation has
been committed based on a report from an outside source or on its own initiative,
the Commission shall form an Investigation Committee headed by a
Commissioner and designated competent officers, to investigate the case. If the
Chairperson of the Commission is a member of the Investigation Com mittee, he
or she shall be the Chairperson of the Committee.
Section 30. Investigations to be Conducted in Private Save in the Publi c Interest
(1) Pursuant to the provisions of Article 26 of the ICSS investigati ons shall be
conducted in private unless the Commission is satisfied that it is in the
public interest to conduct a public inquiry.
(2) Without limiting the factors that it may take into account in de termining
whether or not it is in the public interest to conduct a public inquiry, the
Commission shall consider the following:
(a) Article 26 of the ICSS;
(b) the benefit of exposing to the public, and making it aware, of a human right violation;
(c) the seriousness of the allegation or complaint being investigated; (d) any risk of undue prejudice to a person’s reputation, including prejudice that might arise from holding a public investigation;
(e) whether the public interest in exposing the matter is outweighe d by
the public interest in preserving the privacy of the persons
(3) The Commission shall initiate a public investigation upon the writ ten
consent of the President
Section 31. Evidence and Procedure
(1) Subject to the provisions of this Act, or any rules and regulations
thereunder, the procedures and conduct of an investigation shall be as the
Chairperson of the Investigation Committee may direct.
(2) The Chairperson of the Investigation Committee may take evidence on
oath, and for that purpose administer oath to witnesses.
(3) In making any decision as to the procedures or conduct of an investigation, the Chairperson of the Investigation Committee shall act
with fairness and with due regard to the need to avoid unnecessary cost.
(4) Subject to the provisions of this Act, or any rules and regulati ons
thereunder, the Commission shall adopt specific rules and procedures to
govern public investigations; and
(5) In the case of public investigation, the Commission shall make i ts public
investigation procedures available to the public.
Section 32. Power to Compel Attendance and Require Production of Evide nce
(1) In conducting an investigation, a Commissioner or the Chairperson of th e
Investigation Committee shall have the power to issue summons or or ders
(a) any person or agency to produce, within a specified period, any
documents, contracts, agreements, records, reports or data of any
private person, public or private institution relevant to the
investigation in his or her possession or in the custody of any
person under his or her control or at a location determined by the
(b) any witness within a reasonable period to attend in person at a
certain place and requiring him or her to provide any information
or to answer any question relevant to the investigation, and
produce documents, contracts, agreements, and any other records
in his or her possession relevant to the investigation.
(2) Any summons or orders served under subsection (1) above shall:
(a) state the nature of the allegation or complaint under investigation;
(b) explain the possible consequences of not complying with the
(c) indicate the steps that should be taken by the recipient of the noti ce
if he or she wishes to make a claim within subsection (3), below.
(3) A claim by a person that:
(a) he or she is unable to comply with a notice under subsection (1)(a) and ( b)
(b) it is not reasonable in all the circumstances to require him or her to comply
with such notice,
shall be determined by the Chairperson of the Investigation, who may
revoke or vary the notice on either ground.
(4) In deciding whether to revoke or vary a notice on the ground mentioned in
subsection (3)(b) above, the Chairperson shall consider the public interes t in
the information in question being obtained by the Investigation Committee,
having regard to the likely importance of the information requested.
Section 33. Failure to Attend or Produce Document
(1) Any person who:
(a) fails to appear before the Commission in accordance with a ny
summons issued under section 34(1) above; or
(b) having appeared before the Commission, refuses to swear or make
an affirmation, or having been sworn or affirmed and refuses,
without lawful excuse, to answer any question or produce any
(c) knowingly gives any false or misleading information to the Commission; or
(d) causes an obstruction or disturbance in the course of any proceedings before the Commission,
shall be deemed to have committed the relevant offense or offences in
Chapters IX and X of the Penal Code 2008.
(2) In the event that any person fails to obey the Commission’s or der issued
under section 33(1) above, the Commission shall seek the aid of the
Ministry of Legal Affairs and Constitutional Development to enforce t he
order and secure compliance therewith.
Section 34. Privilege A person may not under section 33 above, be required to answer any question or
give, produce or provide any evidence, information or document if he or she
would not be required to do so, if the proceedings of the investigation were civil
or criminal proceedings in a court of law. Where the Commission disputes an
exercise of privilege under this section the Commission shall through the Minist ry
of Legal Affairs and Constitutional Development, seek an appropriate order in a
court of law.
Section 35. Representation and Cross-Examination (1) The Investigation Committee shall give a reasonable opportunity for a
person giving evidence at an investigation or public inquiry including any
person subject to investigation to be legally represented.
(2) Any person or his or her representative may, with the leave of the Commission, examine or cross-examine any witness on any matter that the
Commission considers relevant.
Section 36. Inspection of Public Premises (1) The Chairperson or an officer of the Commission authorised in writing by
the Chairperson may, at any time:
(a) enter and inspect any premises occupied or used by a government or private institution or official in that capacity subject to
(b) inspect any document or other thing in or on the premises, and
(c) take copies of any document in or on the premises.
(2) The Government or private Institution or official shall make available to
the Chairperson or authorised officer such facilities as are necessary t o
enable the exercise of the powers conferred upon him or her by this
(3) Officers authorised under subsection (1) above, to enter and inspect premises
shall carry and produce identification documents when inspecting premises
under this section;
Section 37. Disclosure That May Affect Investigation No person shall, except with a lawful authority, disclose the details of an
investigation under this Act, including the identity of anyone being investigated or
any other person called before the Investigation Committee.
Section 38. Investigation Reports (1) The investigation process shall lead to the preparation of a final report.
The Investigation Committee shall deliver the report to the Commi ssion
(a) the facts determined by the Investigation Committee;
(b) the findings and recommendations of the Investigation Committee;
(c) anything that the Investigation Committee considers to be relevant.
(2) Where the findings of the report warrant a prosecution, the matte r shall be
referred to the Ministry of Legal Affairs and Constitutiona l Development
for appropriate action.
Section 39. The Commission’s Investigation Powers and Investiga tion of Human
Rights Violations by Other Entities
(1) The Commission may delegate, in whole or in part to the Government of
Southern Sudan or State investigation bodies, as the case may be, the
general investigation powers concerning human rights violations, with
which the Commission is vested under this Act.
(2) Government or State investigation bodies that are not delegated powe rs
under subsection (1) above shall investigate any alleged or suspected
human rights violation falling under the competence of the Commission
and shall immediately provide information to the Commission on the
(3) The Commission may, upon receipt of the information as specified in
subsection (2) above, from the investigating organ, investigate the ma tter
(4) Where the Commission fails to act on the information it receive d under
subsection (3) above, the organ commencing investigation shall finish an d
send the same to the Commission.
(5) The Commission shall issue directives concerning the manner of re porting
and or transferring of human rights violation cases whose investigat ions
were carried out by other investigating bodies, as provided in subsections
(1) and (2) above and notify the same to all the concerned investigati ng
Section 40. Claims and Compensation for Expenses and Damages: (1) Notwithstanding the powers of the Commission set out in this A ct, the
Commission shall adopt procedures to effectively address complaint s from
affected parties, persons with legitimate interests and the public genera lly.
(2) The Commission may, subject to the provisions of this Act, order t hat
expenses suffered by any person in the course of or in connection with
investigation by the Commission, shall be paid from the accounts of t he
Section 41. Duty to Report
(1) Any executive or legislative constitutional office holder, Justice, or senior
civil servant who has knowledge of a human rights violation and fails to
report the same to the Commission commits an offence and shall, on
conviction, be sentenced to imprisonment for a term not exceeding three
months, or a fine or with both.
(2) Any person who reports a proven human rights violation to the
Commission, shall be immune from any prosecution arising from that
report unless that person has knowingly been involved in the reported
human rights violation.
(3) Any employee who reports a proven human rights violation in a public or
private institution or individual dealings, shall be immune from
disciplinary measures, discrimination, and termination of service or
demotion because of this reporting process.
(4) Notwithstanding the provisions of subsections (2) and (3) above, any
person who makes a false, frivolous or groundless complaint or allegati on
to the Commission to the effect that a person has committed, aided,
abetted or concealed the commission of, or conspired with any other
person in a human rights violation commits an offense and shall, on
conviction, be sentenced to imprisonment for a term not exceeding one
year or a fine or with both.
(5) An employer who takes disciplinary measures or any other action agai nst
a person, as indicated in subsection (3) above, shall be the subject of a
civil suit for such disciplinary measures.
(6) The Commission may issue guidelines as to what matters need or ne ed not
Finance, Audit and Reporting
Section 42. Operational Principle The Commission shall manage its finances in accordance with sound financial
principles and practices and shall, in that respect ensure that its budget is
sufficient to meet its expenditures, including payment of operational cost.
Section 43. Sources of Funding (1) The Commission’s main source of funding shall be it’s annual budget,
approved in accordance with the budget procedures established by the
(2) Each year, the Commission shall prepare and submit for approval a
budget, in accordance with the Government budget process, for the
following financial year. Such budget shall be subject to review, rev ision
and approval by the Assembly.
(3) Without prejudice to the provisions of subsection (1), above, the Commission may obtain additional funds from any other source approved
by the Commission with the consent of the President.
Section 44. Borrowing Powers The Commission shall not obtain loans or other credit facilit ies from any
person, organisation or institution for the purposes of meeting its
obligations, and in case of necessity shall be obtained by the Ministr y of
Finance and Economic Planning on the recommendation of the
Commission and approval by the President.
Section 45. Bank Accounts
(1) The Executive Director shall open, maintain and manage bank account in
the Bank of Southern Sudan or its branches for the performance of the
functions and duties of the Commission.
(2) The Executive Director shall ensure that any money received by or on
behalf of the Commission is safely kept and immediately deposited i n its
(3) The Executive Director shall ensure that no money is withdrawn f rom, or
paid out of, any of the bank accounts of the Commission without prior
Section 46. Surplus Funds Funds belonging to the Commission, not immediately required for any purpose
provided for in this Act shall, at the end of Financial year, r evert to the
Consolidated Fund in the Ministry of Finance and Economic Planning.
Section 47. Accounts (1) The Executive Director shall keep and maintain proper books of acc ounts
and records of all funds received and spent by the Commission during the
(2) The Executive Director shall prepare and submit a financial report to the
Commission, not later than three months from the end of the previous
financial year. The report shall include:
(a) a financial statement of income and expenditure during the financial year;
(b) a statement of assets and liabilities of the Commission f or the
financial year, prepared in accordance with generally accepted
accounting principles, submitted to and audited by the Auditor-
(c) a Financial Audit Report.
Section 48. Audit (1) The Chairperson shall ensure that, for each financial year, t he accounts of
the Commission are audited by the Auditor-General or such other audit
firm approved by the Auditor-General.
(2) The Commission shall ensure that within four months from the end of th e
financial year or such other period as the Government may require in
writing, an audited statement of accounts, in accordance with the
provisions of section 48 above, is submitted to the President and the
Ministry of Finance and Economic Planning.
(3) The Auditor-General shall have access to all the books of accounts,
vouchers and other records, and shall be entitled to any information and
explanation required in relation to those and any other records of the
Section 49. Annual and Other Reports (1) In addition to the Financial Audit Report, required by section 49 above ,
when required by the Ministry of Finance and Economic Planning, the
Commission shall also prepare an Annual Report of its activities during
that financial year.
(2) The Annual Report shall, inter alia, include the following information: (a) a copy of the auditor’s report;
(b) a statement of financial performance and of cash flows;
(c) the budget for the coming financial year;
(d) a description of the activities of the Commission during the previous year;
(e) an analysis of the extent to which the Commission has met its
objectives of the previous year;
(f) an evaluation as to the extent to which the advice and directi ves of
the Commission have been complied with;
(g) objectives of the Commission for the coming year; and,
(h) any recommendations on the matters governed by the provisions of
(3) The Commission shall publish and disseminate widely the Annual R eport,
along with its audited accounts. In the event the Commission fails t o
distribute the Annual Report, it shall be distributed by the Ministry of
Finance and Economic Planning.
(4) The Commission shall submit to the President and the Assembly suc h other
reports on its activities or any other matter that may from tim e to time be
Section 50. Offenses and Penalties Any member of the Executive or Legislative branch of the Government or
employee of a Government Institution or a member of his or her imm ediate
(a) having direct or indirect interest or decision making power in any
company or undertaking with which the Executive or Legislative branch
of the government or any Government Institution proposes to deal; and
(b) knowing or having constructive knowledge of the proposal of the
Executive or Legislative branch of the government or any Government
Institution to so deal,
who fails to disclose the nature of such interest and votes or participates in the
proceedings of such an institution relating to such a deal or decision, c ommits an
offense and shall on conviction be sentenced to imprisonment for a te rm not
exceeding five years, or a fine, or with both.
Section 51. Collaboration and Coordination with the Ministry of L egal Affairs
and Constitutional Development
(1) The Commission shall collaborate and coordinate with the Ministry of
Legal Affairs and Constitutional Development in the enforcement of the
provisions of this Act.
(2) If at any time the Commission identifies a violation of the provis ions of
this Act, it shall coordinate with the Ministry of Legal Affair s and
Constitutional Development to facilitate the issuance of a cit ation, effect
an arrest, or take any other appropriate measures.
Section 52. Official Seal and Logo (1) The official seal and logo of the Commission shall be in a form to be
determined by the Commission.
(2) The official seal when affixed to any document shall be authenticate d by
the signature of the Chairperson or any other person whom he or she may
To protect the confidentiality of its activities, the Deputy Chairperson,
Commissioners, officers and staff of the Commission shall not divulge or publish
any information about the Commission or its activities without prior writte n
authorisation by the Chairperson.
Section 54. Terms and Conditions of Service of Support Staff (1) Without prejudice to the provisions of this Act, the Commission ma y in
consultation with the Ministry of Labour, Public Service and Human Re source
Development and Ministry of Finance and Economic Planning, work out
special terms and conditions of service for the officers and staf f of the
(2) All aspects of employment of officers and staff of the Commiss ion, including
but not limited to recruitment, employment, payment, promotion and
termination, shall be governed by the provisions of Public Service Laws and
Section 55. Regulations The Commission shall make rules and regulations as may be necessar y for the
effective and efficient implementation of the provisions of this Act.
Assent of the President of the Government of Southern Sudan
In Accordance with the provision of Article 85 (1) of the Interim Constitution of
Southern Sudan, 2005, I, Gen. Salva Kiir Mayardit, President of the Government of
Southern Sudan, hereby Assent to the Southern Sudan Human Rights Commission Act,
2009 and sign it into law.
Signed in Juba this _____________ day of the month of ___________________ in the
H.E. Gen. Salva Kiir Mayardit,
First Vice President of the Republic of Sudan and President of the Government of Southern Sudan Juba.