Country profile SSD
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2009-02-10 | C182 | Child Act, 2008 - Section 31.(1) | [{"link_name":"Child Act, 2008","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83470/SDN83470.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 31. (1) of the Child Act states that "the minimum age for conscription or voluntary recruitment into armed forces or groups shall be eighteen years". |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2009-02-10 | C182 | Child Act, 2008 - Section 22. (3) (c) and Section 22. (4) | [{"link_name":"Child Act, 2008","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83470/SDN83470.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Section 22. (3) (c) stipulates that every child who is under the care of parents, a legal guardian, teachers, police or any other person who has care of a child shall be protected from offences related to the use of a child in prostitution or other sexual practices. Section 22. (4) of that same Act punishes whoever commits such offence. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | - | C182 | Child Act, 2008 - Section 119. (1) | [{"link_name":"Child Act, 2008","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83470/SDN83470.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Sections 119. (1) states that "Any person who takes part in any transaction, the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of a child for any valuable consideration, commits the offence of trafficking and shall on conviction, be sentenced to imprisonment for a term not exceeding ten years.". |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2009-02-10 | C182 | Child Act, 2008 - Section 24(1) and Section 24(3) | [{"link_name":"Child Act, 2008","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83470/SDN83470.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Sections 24(1) of the Child Act stipulates that "Every child has the right to be protected from drug abuse and the use of hallucinogens, narcotics, alcohol, tobacco products, drugs and any other substances declared harmful and from being involved in their production, trafficking or distribution." Section (3) of that same text establishes penalties for the above offences. |
| List of hazardous activities prohibited for children | 2009-02-10 | C138 & C182 | Child Act, 2008 - Section 25 (2) | [{"link_name":"-Child Act, 2008","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83470/SDN83470.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4368931,2697100:NO"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Section 25 (2) of the Child Act sets out a list of types of work which are prohibited to children below the age of 18 years but in a Direct Request published in 2024, the CEACR mentions its hope that " the draft list of types of hazardous work prohibited to children under the age of 18 years will be finalized and adopted in the near future", thus implying no such law has yet been implemented. |
| Minimum age for hazardous work | 2017-10-24 | C138 & C182 | Labour Act, 2017 - Section 12. (6) | [{"link_name":"Labour Act, 2017","source_link":"https://docs.southsudanngoforum.org/sites/default/files/2018-01/Labour%20Act%202017.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Sections 12. (6) of the Act sets the minimum age for hazardous work to 18 years. It should however be noted that, Section 12. (7) of that same text provides that "Following consultation with registered trade unions and Employers Association and on advice from the Council, the Minister may issue regulations authorizing the engagement of children who have attained the age of sixteen years to perform specified categories of Hazardous Work, provided that: (a) special measures are taken to ensure that the child safety and health, and the child moral and material welfare and development, are protected; (b) the child receives adequate specific instructions or vocational training for the work to be performed; (c) the number of hours and conditions of such hazardous work shall be as prescribed by regulations.". |
| Minimum age for admission to apprenticeship | N/A | C138 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4368931,2697100:NO"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | In a Direct Request published in 2024, the CEACR noted that "according to section 12(2) and (3) of the Labour Bill the prohibition on the employment of children under 14 years of age shall not be applicable to work done by children in schools or in other training institutions for educational or vocational purposes, if such work is carried on in accordance with conditions prescribed by the Minister, after consultation with the Council, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training approved by the Minister; or (c) a programme of orientation designed to facilitate the choice of an occupation or of a line of training". Consequently, the Committee requested the Government to indicate the minimum age at which apprenticeship programmes may be authorized for young persons in undertaking. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2009-02-10 : 2012 | C138 | Child Act, 2008 - Section 14. (1) ; General Education Act, 2012 - Section 5. | [{"link_name":"-Child Act, 2008","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83470/SDN83470.pdf"},{"link_name":"-General Education Act, 2012","source_link":"https://planipolis.iiep.unesco.org/sites/default/files/ressources/general_education_act_2012.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Section 14. (1) of the Child Act states that "Every child has the right to free education at primarily level which shall be compulsory.". Section 5. of the General Education Act, 2012 defines primary education as the "education beginning from the age of six years which comprises eight years from primary one through primary eight". Consequently, the age of completion of compulsory education is set to 14 years which corresponds to the minimum age for admission to work. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4368931,2697100:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | In a Direct Request published in 2024, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) "requests the Government to take the necessary measures to ensure the adoption of regulations determining light work activities permitted to children of 12 years and prescribing the number of hours and conditions of such work", thus implying no such law has yet been ratified. |
| Minimum age for light work | 2009-02-10 | C138 | Child Act, 2008 - Section 25. (4) | [{"link_name":"Child Act, 2008","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83470/SDN83470.pdf"}] | 12 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Section 25. (4) of the Child Act sets the minimum age for light work to 12 years. |
| Minimum age for admission to work | 2009-02-10 ; 2017-10-24 | C138 | Child Act, 2008 - Section 25. (3) - Labour Code, 2017 - Sections 12.(8) and (9) | [{"link_name":"-Child Act, 2008","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/83470/SDN83470.pdf"},{"link_name":"-Labour Code","source_link":"https://docs.southsudanngoforum.org/sites/default/files/2018-01/Labour%20Act%202017.pdf"}] | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 25. (3) of the Child Act stipulates that "the minimum age for the admission of a child to a paid employment shall be fourteen years", which does not cover the employment of children under 14 years in unpaid employment. Besides, it should be noted that Sections 12.(8) and (9) of the Labour Act, 2017 stipulate this minimum age restriction should not apply to children under the age of fourteen years for such purposes as participation in artistic performances provided his employment follows a consultation with registered trade unions and employers association and an advice from the Council. Such permit should be granted on an individual basis and shall prescribe the conditions and limited number of hours under which the employment is to be allowed. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 29-APR-2012 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 29-APR-2012 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| As outlined in The General Education Act of 2012, the strategic objectives of the National General Education Policy in the Republic of South Sudan are as follows: "(1) Eradicate illiteracy, improve employability of young people and adults and promote lifelong learning for all citizens; (2) Provide equitable access to learning opportunities for all citizens to address inequalities in education provision; (3) Achieve equity and promote gender equality and the advancement of the status of women;(4) Contribute to holistic personal development of each learner and to the moral, social, cultural, political and economic development of the nation; (5) Promote national unity and cohesion; (6) Enhance the quality of education through a robust inspection programme to encourage a culture of innovation and continuous school improvement and effectiveness; and (7) Develop and promote a general scientific approach in education.” | [{"link_name":"National General Education Policy","source_link":"https://planipolis.iiep.unesco.org/sites/default/files/ressources/south_sudan_the_national_general_education_policy_2017_2027_eng.pdf"}] | 2017-2027 | National General Education Policy | National Ministry of General Education and Instruction |
| The agreement sets out the main actions to be taken by the signatories to re-establish permanent and lasting peace, security and stability in Southern Sudan. It includes the effective application of the ban on the recruitment of child soldiers and the immediate demilitarization of schools. | [{"link_name":"R-ARCSS","source_link":"https://docs.pca-cpa.org/2016/02/South-Sudan-Peace-Agreement-September-2018.pdf"}] | 2018 | Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) | Revitalized Transitional Government of National Unity |
| The plan is built around 3 strategic axis which are : to develop better access and equity in education by focusing on expanding access to education while addressing disparities in opportunities; to improve the quality of education and resource management by introducing initiatives aimed at enhancing the quality of education and the efficient management of educational resources; to bolster governance structures and financial mechanisms in the education sector. | [{"link_name":"GESP","source_link":"https://www.globalpartnership.org/node/document/download?file=document/file/2023-2027-south-sudan-education-sector-plan.pdf"}] | 2023-2027 | General Education Sector Plan (GESP) | Minister of General Education and Instruction |