The study on access to food when it is available and affordable is to increase knowledge of the extent the right to food is recognized and protected as a human right in South Sudan. The objective of the research is to determine the level of state’s obligation in protecting the right to food and the level of food availability. Secondary data is reviewed in contrast to where a questionnaire field survey is carried out. The results show that South Sudan is among the most food insecure countries with as high as 33% of the population depending on food aid for nutrition. At least 1 million people are severely food insecure. In addition, investment in the agricultural sector is limited with budgetary allocation to the sector as low as 0.1% of the total budget. South Sudan has limited legal obligation to recognize and protect the right to food because it is not explicitly stipulated in the Transitional Constitution, 2011 and neither in any other legal instrument. However, South Sudan is a party to the Convention on Economic, Social and Cultural Rights, 1966, which confirms that the States Parties recognize the right of everyone to adequate food and the fundamental right to be free from hunger. In contrast, in developed countries such as the United Kingdom those with limited means are entitled to social security benefits which include income support so that people have access to food.
Key words: Food, food security, human right, transitional constitution, South Sudan.