14 Energy Transitions and Environmental Protection …
437
14.3 Legal Framework Regulating the Oil
and Gas Impacts on the Environment
14.3.1 South Sudanese Legal and Institutional
Framework
Since the attainment of independence in July 2011, the Government of
the Republic of South Sudan has adopted a new Republican Constitution, and several policies and legislation. These are aimed at ensuring
sustainable development in the country, and they are briefly discussed
below:
• The Transitional Constitution of 2011
Environmental protection is one of the key features of the Transitional
Constitution of the Republic of South Sudan of 2011. The right to a
clean and healthy environment is enshrined in Article 41 (1), and it is
an obligation of all citizens to protect the environment. Furthermore,
Article 166 (6) expects local governments to involve communities in
decision-making in the promotion of a safe and healthy environment.
• Environment Policy of South Sudan, 2010
The main goal of the policy is to protect and conserve the environment to meet the needs of the present and future generation. The policy
provides a wide range of guidance in response to emerging environmental management challenges to enable decision-makers and resource
users to make development choices that are economically efficient,
socially equitable and environmentally friendly to ensure the realization
of sustainable development. The policy also acknowledges the need to
not only involve the public in environmental management; but also integrate environmental considerations into the development policies, plans
and programmes at the community, government and private sector levels.
437
14.3 Legal Framework Regulating the Oil
and Gas Impacts on the Environment
14.3.1 South Sudanese Legal and Institutional
Framework
Since the attainment of independence in July 2011, the Government of
the Republic of South Sudan has adopted a new Republican Constitution, and several policies and legislation. These are aimed at ensuring
sustainable development in the country, and they are briefly discussed
below:
• The Transitional Constitution of 2011
Environmental protection is one of the key features of the Transitional
Constitution of the Republic of South Sudan of 2011. The right to a
clean and healthy environment is enshrined in Article 41 (1), and it is
an obligation of all citizens to protect the environment. Furthermore,
Article 166 (6) expects local governments to involve communities in
decision-making in the promotion of a safe and healthy environment.
• Environment Policy of South Sudan, 2010
The main goal of the policy is to protect and conserve the environment to meet the needs of the present and future generation. The policy
provides a wide range of guidance in response to emerging environmental management challenges to enable decision-makers and resource
users to make development choices that are economically efficient,
socially equitable and environmentally friendly to ensure the realization
of sustainable development. The policy also acknowledges the need to
not only involve the public in environmental management; but also integrate environmental considerations into the development policies, plans
and programmes at the community, government and private sector levels.