Wednesday, October 23, 2013

Religion Provisions of the Transitional Constitution of South Sudan

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
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Here we have the 2011 transitional Constitution for South Sudan.  The Constitution contains several ceremonial deisms in the Preamble and Oath provisions, but it contains probably the most detailed and specific religious freedom provision of any constitution I've seen for this project.  It also contains an anti-establishment provision.
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Preamble

Grateful to the Almighty God for giving the people of South Sudan the wisdom and courage to determine their destiny and future through a free, transparent, and peaceful referendum in accordance with the provisions of the Comprehensive Peace Agreement, 2005;

Establishment Clause

Article 8(1)  Religion and State shall be separate.

Equal Protection of Religion

Article 8(2)  All religions shall be treated equally and religion or religious beliefs shall not be used for divisive purposes.

Article 14  All persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status.

Religious Freedom

23. The following religious rights are guaranteed by this Constitution:
(a) the right to worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes;
(b) the right to establish and maintain appropriate faith-based, charitable or humanitarian institutions;
(c) the right to acquire, possess and own movable and/or immovable property and make, acquire and use the necessary articles and materials related to the rites or customs of religion or belief;
(d) the right to write, issue and disseminate religious publications;
(e) the right to teach religion or beliefs in places suitable for these purposes;
(f) the right to solicit and receive voluntary financial and other contributions from individuals, private and public institutions;
(g) the right to train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of any religion or belief;
(h) the right to observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs; and
(i) the right to communicate with individuals and communities in matters of religion and beliefs at national and international levels.

Ceremonial Deisms

65. To assume his or her functions, every member of the National Legislative Assembly or the Council of States shall take the following oath before the appropriate House:
“I…….......…....., as a Member of the National Legislative Assembly/Council of States, do hereby swear by Almighty God/ solemnly affirm/ that I will bear true faith and allegiance to the Republic of South Sudan and its people; that I will obey and respect the Constitution and abide by the law; and that I will faithfully and conscientiously discharge my duties and responsibilities as a member of the National Legislative Assembly/Council of States and serve the people of the Republic of South Sudan to the best of my ability, so help me God.”

99. The President of the Republic of South Sudan shall, before assuming office, take the following oath before the public:
“ I……….…………., do hereby swear by the Almighty God/ solemnly affirm, that as the President of the Republic of South Sudan, I shall be faithful and bear true allegiance to the Republic of South Sudan and shall diligently and honestly discharge my duties and responsibilities in a consultative manner to foster the development and welfare of the people of South Sudan; that I shall obey, preserve and defend the Constitution and abide by the law; and that I shall protect and promote the unity of the people of South Sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of South Sudan; so help me God.”

108. (1) The President may appoint a limited number of Presidential Advisors and shall define their functions.
(2) To assume office, a Presidential Advisor shall, before the President, take the following oath:

“I……….…………., do hereby swear by the Almighty God/solemnly affirm/, that as a Presidential Advisor, I shall be faithful and bear true faith and allegiance to South Sudan and shall diligently and honestly discharge my duties and responsibilities and strive to foster the development and welfare of its people; that I shall obey, preserve and defend the Constitution and abide by the law; and that I shall protect and promote the unity of the people of South Sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of South Sudan; so help me God.”

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