Preamble, Source of constitutional authority
We the people of the Sudan
God or other deities, Reference to country's history
Grateful to Almighty God who has bestowed upon us the wisdom and will to reach a Comprehensive Peace Agreement that has definitively put an end to the longest running conflict in Africa,
Reference to country's history
Having survived the tragic consequences that have characterized that debilitating conflict,
Mindful of religious, racial, ethnic and cultural diversity in the Sudan,
Type of government envisioned, Motives for writing constitution, Human dignity
Committed to establish a decentralized democratic system of governance in which power shall be peacefully transferred and to uphold justice, equality, human dignity and equal rights and duties of men and women,
Motives for writing constitution
Further committed to gearing governance, in the coming phase of our political advancement, towards the enhancement of economic development, promotion of social harmony, deepening of religious tolerance and building trust and confidence in the society generally,
Motives for writing constitution
Committed to the Comprehensive Peace Agreement of January 2005, guided by the 1998 Constitution and the Sudanese constitutional experience since independence and other relevant experiences,
Cognizant of conferences and the initiative of inclusive popular dialogue and agreements of peace and national reconciliation, particularly the Cairo Agreement signed in June 2005, and prospects of other peace agreements to end conflicts in the country,
Do hereby adopt this Constitution as the supreme law by which the Republic of the Sudan shall be governed during the Interim Period; and we undertake to respect and protect it.
PART TWO. BILL OF RIGHTS
27. Nature of the Bill of Rights
- The Bill of Rights is a covenant among the Sudanese people and between them and their governments at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy in the Sudan.
- The State shall guarantee, protect and implement this Bill.
Legal status of treaties, International law
All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified by the Republic of the Sudan shall be an integral part of this Bill.
- Legislation shall regulate the rights and freedoms enshrined in this Bill and shall not detract from or derogate any of these rights.
Right to life, Human dignity
28. Life and Human Dignity
Every human being has the inherent right to life, dignity and the integrity of his person, which shall be protected by law; no one shall arbitrarily be deprived of his life.
29. Personal Liberty
Every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction of his liberty except for reasons and in accordance with procedures prescribed by law.
Prohibition of slavery
30. Sanctity from Slavery and Forced Labour
- Slavery and slave trade in every form is prohibited. No person shall be held in slavery or servitude.
- No person shall be required to perform forced or compulsory labour except as a penalty upon conviction by a court of law.
Equality regardless of language, Equality regardless of race, Equality regardless of religion, General guarantee of equality, Equality regardless of skin color, Equality regardless of political party, Equality regardless of gender
31. Equality before the Law
All persons are equal before the law and are entitled without discrimination, as to race, colour, sex, language, religious creed, political opinion, or ethnic origin, to the equal protection of the law.
32. Rights of Women and Children
Right to just remuneration
The State shall guarantee equal right of men and women to the enjoyment of all civil, political, social, cultural and economic rights, including the right to equal pay for equal work and other related benefits.
- The State shall promote woman rights through affirmative action.
- The State shall combat harmful customs and traditions which undermine the dignity and the status of women.
State support for children
The State shall provide maternity and child care and medical care for pregnant women.
Rights of children
The State shall protect the rights of the child as provided in the international and regional conventions ratified by the Sudan.
Prohibition of torture, Prohibition of cruel treatment
33. Sanctity from Torture
No person shall be subjected to torture or to cruel, inhuman or degrading treatment.
Right to fair trial
34. Fair Trial
Presumption of innocence in trials
An accused is presumed to be innocent until his guilt is proved according to the law.
- Every person who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
Right to public trial
In all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by a competent, independent and impartial court of law as shall be regulated by law.
Protection from ex post facto laws, Principle of no punishment without law
No person shall be charged of any act or omission which did not constitute an offence at the time of its commission.
- In the determination of any criminal charge against any person, he shall be entitled to be tried in his presence, unless this becomes impossible, without undue delay.
Right to counsel
Any accused person has the right to defend himself in person or through a lawyer of his own choice and to have legal aid assigned to him by the State where he is unable to defend himself in serious offences.
35. Right to Litigation
The right to litigation shall be guaranteed for all persons; no person shall be denied the right to resort to justice.
36. Restriction on Death Penalty
- No death penalty shall be imposed, save as retribution, hudud or punishment for extremely serious offences in accordance with the law.
Privileges for juveniles in criminal process
The death penalty shall not be imposed on a person under the age of eighteen or a person who has attained the age of seventy except in cases of retribution or hudud.
- No death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation.
Right to privacy
The privacy of all persons shall be inviolable; no person shall be subjected to interference with his private life, family, home or correspondence, save in accordance with the law.
Freedom of religion
38. Freedom of Creed and Worship
Every person shall have the right to the freedom of religious creed and worship, and to declare his religion or creed and manifest the same, by way of worship, education, practice or performance of rites or ceremonies, subject to requirements of law and public order; no person shall be coerced to adopt such faith, that he does not believe in, nor to practice rites or services to which he does not voluntarily consent to.
Freedom of press, Freedom of expression
39. Freedom of Expression and Media
- Every citizen shall have an unrestricted right to the freedom of expression, reception of information, publication, and access to the press without prejudice to order, safety or public morals as determined by law.
- The State shall guarantee the freedom of the press and other media as shall be regulated by law in a democratic society.
- All media shall abide by professional ethics, shall refrain from inciting religious, ethnic, racial or cultural hatred and shall not agitate for violence or war.
Freedom of association, Freedom of assembly
40. Freedom of Assembly and Association
Right to form political parties, Right to join trade unions
The right to peaceful assembly shall be guaranteed; every person shall have the right to freedom of association with others, including the right to form or join political parties, associations and trade or professional unions for the protection of his interests.
- The right to establish political parties, associations and trade unions shall be regulated by law as is necessary in a democratic society.
Restrictions on political parties
No association shall function as a political party at the national level unless it has:-
- its membership open to all Sudanese irrespective of religion, ethnic origin or place of birth,
- a programme that does not contradict the provisions of this Constitution,
- a democratically elected leadership and institutions,
- disclosed and transparent sources of funding.
Restrictions on voting
41. Right to Vote
- Every citizen shall have the right, without unreasonable restrictions, to take part in the conduct of public affairs, through voting.
Secret ballot, Claim of universal suffrage
Every citizen shall have the right to stand for elections in periodic elections, which shall be by universal adult suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electorate.
Freedom of movement
42. Freedom of Movement and Residence
- Every citizen shall have the right to freedom of movement and the liberty to choose his residence except for reasons of public health and safety as shall be regulated by law.
- Every citizen shall have the right to leave the country and return thereto as shall be regulated by law.
Right to own property
43. Right to Own Property
- Every citizen shall have the right to acquire or own property as regulated by law.
Protection from expropriation
No private property may be expropriated save by law in the public interest and in consideration for prompt and fair compensation.
44. Right to Education
- Education is a right for every citizen and the State shall provide access to education without discrimination as to religion, race, ethnicity, gender or disability.
Compulsory education, Free education
Primary education is compulsory and the State shall provide it free.
45. Rights of Persons with Special Needs and the Elderly
- The State shall guarantee to persons with special needs the enjoyment of all the rights and freedoms set out in this Constitution; especially respect for their human dignity, access to suitable education, employment and full participation in society.
State support for the elderly
The elderly shall have the right to the respect of their dignity. The State shall provide them with the necessary care and medical services as shall be regulated by law.
Right to health care
46. Public Health Care
The State shall promote public health, establish, rehabilitate, develop basic medical and diagnostic institutions, provide free primary health care and emergency services for all citizens.
Right to culture
47. Ethnic and Cultural Communities
Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures; members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the framework of their respective cultures and customs.
48. Sanctity of Rights and Freedoms
Subject to Article 211 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Constitutional Court and other competent courts; the Human Rights Commission shall monitor its application in the State pursuant to Article 142 herein.
PART FIVE. THE NATIONAL JUDICIAL ORGANS
Establishment of constitutional court
CHAPTER I. THE CONSTITUTIONAL COURT
119. Establishment of the Constitutional Court
- There shall be established in accordance with the provisions of this Constitution a Constitutional Court of nine Justices of proven competence, integrity, credibility and impartiality.
- The Constitutional Court shall be independent and separate from the National Judiciary; the law shall determine the rules of procedure thereof.
Constitutional court term length
Subject to Article 121 herein, the President and Justices of the Constitutional Court shall be appointed for a term of seven years, subject to renewal. Their emoluments shall be determined by law.
- The Justices of the Constitutional Court shall perform their functions and apply the law without interference, fear or favour.
120. Appointment of the President of the Constitutional Court and Vacancy of Office
Constitutional court selection
The President of the Constitutional Court shall be appointed by the President of the Republic with the consent of the First Vice President, from justices approved according to Article 121(1) herein. He shall be answerable to the Presidency.
- The office of the President of the Constitutional Court shall fall vacant upon death, resignation or removal.
Constitutional court removal
The President of the Constitutional Court shall not be removed from office except for incapacity or conduct incompatible with his status and only upon a decision by the President of the Republic approved by two-thirds of all representatives at the Council of States.
121. Justices of the Constitutional Court
Constitutional court selection
All Justices of the Constitutional Court shall be appointed by the President of the Republic in accordance with Article 58 (2) (c) herein and upon the recommendation of the National Judicial Service Commission and subject to approval by a two-thirds majority of all the representatives at the Council of States.
- Southern Sudan shall be adequately represented in the Constitutional Court.
Constitutional court removal
A Justice of the Constitutional Court may only be removed upon an order of the President of the Republic on the recommendation of the President of the Constitutional Court and approved by a two-thirds majority of the representatives of the Council of States.
Constitutional court powers, Constitutional interpretation
122. Competence and Jurisdiction of the Constitutional Court
- The Constitutional Court shall be the custodian of this Constitution, the constitutions of southern Sudan and the states; its decisions shall be final and binding, it shall:-
Constitutionality of legislation
interpret constitutional or legal provisions at the instance of the President of the Republic, the National Government, the Government of Southern Sudan, any state government, the National Assembly or the Council of States,
- have original jurisdiction to decide disputes that arise under this Constitution and the Constitutions of Northern states at the instance of government, juridical entities or individuals,
- decide on appeals against the decisions of Southern Sudan Supreme Court on the Interim Constitution of Southern Sudan and the Constitutions of Southern Sudan states,
- protect human rights and fundamental freedoms,
Constitutionality of legislation
adjudicate on the constitutionality of laws or provisions in accordance with this Constitution, the Interim Constitution of Southern Sudan or the relevant state constitutions,
- adjudicate on constitutional disputes between levels and organs of government, in respect of areas of exclusive, concurrent or residual competence.
- The Constitutional Court shall have criminal jurisdiction over the President of the Republic and the First Vice President in accordance with Article 60(2) herein, it shall also have criminal jurisdiction over the Vice President, the Speakers of the National Legislature and the Justices of the National Supreme Court and Southern Sudan Supreme Court.
CHAPTER II. THE NATIONAL JUDICIARY
123. The National Judicial Authority
- The National judicial authority in the Republic of the Sudan shall be vested in the National Judiciary.
The National Judiciary shall be independent of the Legislature and the Executive, with the necessary financial and administrative independence.
- The National Judiciary shall have judicial competence to adjudicate on disputes and render judgments in accordance with the law.
- The Chief Justice of the Republic of the Sudan, who is the head of the National Judiciary and the President of the National Supreme Court, shall be answerable to the President of the Republic for the administration of the National Judiciary.
- All organs and institutions of the State shall execute the judgments and orders of the courts.
Structure of the courts
124. The Structures of the National Judiciary
The National Judiciary shall be structured as follows:.
- The National Supreme Court,
- National Courts of Appeal,
- Other national courts.
Supreme court powers
125. The National Supreme Court
- The National Supreme Court shall:.
- be a court of cassation and review in respect of any criminal, civil matters arising out of, or under national laws, or personal matters,
- have criminal jurisdiction over the Justices of the Constitutional Court,
- review death sentences imposed by any court in respect to matters arising out of, or under national laws,
- have such other jurisdiction as determined by this Constitution and the law.
- The Chief Justice of the Republic of the Sudan may establish panels for the purposes of considering and deciding on matters requiring special expertise, including commercial, personal or labour matters.
Structure of the courts
126. National Courts of Appeal
The number, competences and procedures of National Courts of Appeal shall be determined by the law.
Structure of the courts
127. Other National Courts
Other national courts shall be established by law as deemed necessary.
128. Independence of Justices and Judges
- All Justices and Judges shall be independent and shall perform their functions without influence.
- Justices and Judges shall uphold the Constitution and the rule of law and shall administer justice diligently, impartially and without fear or favour.
- Tenure of office of Justices and Judges shall not be affected by their judgements.
Establishment of judicial council
129. The National Judicial Service Commission
- The President of the Republic, after consultation within the Presidency, shall establish a commission to be known as the National Judicial Service Commission to undertake the overall management of the National Judiciary; its composition and functions shall be prescribed by law.
- The Chief Justice of the Republic of the Sudan, as the head of the National Judiciary, shall chair the National Judicial Service Commission.
- The National Judicial Service Commission shall regulate the relations between judiciaries at the National, Southern Sudan and states level. In the case of Southern Sudan, the regulation shall be made in consultation with the President of the Supreme Court of Southern Sudan.
Ordinary court selection, Supreme court selection, Establishment of judicial council
130. Appointment of Justices, Judges and their Terms and Conditions of Service
- Having regard to competence, integrity and credibility, the Chief Justice of the Republic of the Sudan, his deputies, Justices and Judges shall be appointed by the President of the Republic in accordance with Article 58(2)(c) herein, where applicable, and upon the recommendation of the National Judicial Service Commission.
Supreme court term length, Supreme court term limits
The law shall determine the terms of service, discipline and immunities of Justices and Judges.
- Southern Sudan shall be adequately represented in the National Supreme Court and other national courts that are situated in the National Capital.
131. Discipline of Justices and Judges
- Discipline of Justices and Judges shall be exercised by the Chief Justice in accordance with the law.
Supreme/ordinary court judge removal
Justices and Judges may only be removed by an order of the President of the Republic for gross misconduct, incompetence and incapacity in accordance with the law and upon recommendation of the Chief Justice and with approval of the National Judicial Service Commission.
132. Appointment of Justices and Judges of Southern Sudan
The President of Government of Southern Sudan shall, within one week after the adoption of the Interim Constitution of Southern Sudan, appoint, without prejudice to Article 130(1) herein, the President and Justices of Southern Sudan Supreme Court, Judges of Courts of Appeal and other courts having regard to competence, integrity, credibility and impartiality as shall be determined by that Constitution and the law.
PART TWELVE. THE STATES AND ABYEI AREA
Subsidiary unit government
177. States of the Sudan
- The Republic of the Sudan shall be decentralized and composed of states.
- The National Legislature shall determine the number of states as well as their names, capitals and geographical boundaries; provided that such legislation shall be issued and amended in accordance with the provisions of Article 91(4)(a) herein. However, the January 1st, 1956 boundary between the North and the South shall be inviolable subject to Article 183(4) of this Constitution.
178. State Organs
- There shall be legislative, executive and judicial organs at state level which shall function in accordance with this Constitution, the relevant state constitution and, in respect of the states of Southern Sudan, also in accordance with the Interim Constitution of Southern Sudan.
- The state shall promote and empower local government. Organization of the local government and elections to its respective institutions shall be conducted in accordance with the relevant state constitution.
Subsidiary unit government
179. State Executive
- The state executive shall be headed by a Governor elected by the people in the state, in compliance with the procedures prescribed by the National Elections Commission and in accordance with this Constitution, the Interim Constitution of Southern Sudan where applicable, the relevant state constitution and the law.
- The state legislature may, in accordance with the state constitution, pass, by three quarters majority of all its members, a vote of no-confidence in the Governor,
- Should the state legislature pass a vote of no-confidence as stated in sub-Article (a) above, the President of the Republic shall call the state electorate for snap elections of the Governor to be conducted within sixty days. If the concerned state is a Southern Sudan state, the President of the Republic shall act upon a request that shall be made by the President of the Government of Southern Sudan,
- The Governor elected in the snap elections shall serve for the remainder of the original tenure,
- Should the Governor who was subjected to the vote of no-confidence be re-elected, the state legislature shall be deemed to have been dissolved. A new state legislature shall be elected within three months to complete the tenure of the dissolved legislature,
- A vote of no-confidence in the Governor shall not be passed before he spends twelve months in office.
- The state council of ministers shall be appointed by the Governor in accordance with the state constitution.
- The state ministers shall be individually and collectively accountable to the Governor and the state legislature in the performance of their functions; a state minister shall be removed by the Governor or on a motion supported by two-thirds of all the members of the state legislature.
- The Governor shall, together with the state council of ministers appointed by him, exercise the executive powers of the state which shall be in respect of the functional areas in Schedules C and D read together with Schedules E and F herein and such other executive competences as are conferred upon the state by this Constitution, the Interim Constitution of Southern Sudan and the state constitution.
Subsidiary unit government
180. State Legislature
- The state shall have a state legislature composed of members elected in accordance with the state constitution and the law and as set forth by the National Elections Commission.
- The state legislature shall prepare and adopt the state interim constitution provided that it shall be in conformity with this Constitution, the Interim Constitution of Southern Sudan where applicable and the Comprehensive Peace Agreement.
- The state legislature shall have law-making competence in respect of the functional areas listed in Schedules C and D read together with Schedules E and F herein.
- The state legislature shall decide its own rules of procedure, appoint its committees and elect its speaker and other officers.
- Governors and members of state councils of ministers and legislatures shall have immunities as are provided for by law.
Subsidiary unit government
181. State Judiciary
- The state constitution shall provide for the establishment of such state courts by the state judiciary as necessary.
- State courts shall have civil and criminal jurisdiction in respect of state, Southern Sudan, and national laws, save that a right of appeal shall lie as provided in this Constitution, the Interim Constitution of Southern Sudan whenever applicable, however, national legislation shall determine the civil and criminal procedures in respect of litigation or prosecution under National laws in accordance with this Constitution.
- State legislations shall provide for:-
- the appointment and dismissal of lay magistrates,
- guarantees for the independence and impartiality of state judiciary and ensure that Judges are not subjected to any interference.
- The structures and powers of the courts of the states of Southern Sudan shall be subject to the provisions of this Constitution and the Interim Constitution of Southern Sudan and the constitution of the state concerned.
182. Southern Kordofan and Blue Nile States
- Without prejudice to any of the provisions of this Constitution, the Agreement on the Resolution of the Conflict in Southern Kordofan and Blue Nile States shall apply with respect to those two states.
- Agreement on the Resolution of the Conflict in Southern Kordofan and Blue Nile States shall be subject to popular consultation by the people of the two states through their respective democratically elected legislatures in accordance with the provisions stated therein.
183. Abyei Area
- Without prejudice to any of the provisions of this Constitution and the Comprehensive Peace Agreement, the Protocol on the Resolution of the Conflict in Abyei Area shall apply with respect to Abyei Area.
- Abyei Area shall be accorded special administrative status under the Presidency, in which residents of Abyei Area shall be citizens of both Southern Kordofan and Bahr el Ghazal.
- Simultaneously with the referendum for Southern Sudan, the residents of Abyei Area shall vote in a separate referendum, which shall present the residents of Abyei Area, irrespective of the results of the Southern Sudan Referendum, with the following choices:-
- that Abyei Area retain its special administrative status in the north,
- that Abyei Area be part of Bahr el Ghazal.
- The January 1st, 1956 line between the north and the south shall be inviolable, except as agreed in sub-Article (3) above.
184. Interim Provisions for States
- Pending the elections referred to in Article 216 herein:.
- Governors shall be appointed by the President of the Republic in consultation with the First Vice President. In the case of Southern Sudan, the President of Government of Southern Sudan in consultation with Vice President of Government of Southern Sudan,
- The Governor of one Southern Sudan state shall be a nominee of the National Congress Party and one Deputy Governor in a different Southern Sudan state shall also be a nominee of the National Congress Party.
- Without prejudice to the provisions of sub-Article (3) below, seats of the legislatures and executives of the states shall be allocated as follows:-
- The National Congress Party shall have seventy percent of the seats in the Northern states, and the Sudan People's Liberation Movement shall have seventy percent of the seats in the Southern Sudan states,
- The remaining thirty percent of the seats in the Northern and Southern Sudan states shall be allocated as follows:-
- ten percent of the seats in Southern Sudan states to be filled by the National Congress Party,
- ten percent of the seats in the Northern Sudan states to be filled by the Sudan People's Liberation Movement,
- twenty percent of the seats in Northern and Southern Sudan states to be filled by representatives of other Northern and Southern Sudan political forces, respectively.
- Seats of the legislatures and executives of Southern Kordofan and Blue Nile states shall be allocated in accordance with the Agreement on the Resolution of Conflict in Southern Kordofan and Blue Nile States.
PART FOURTEEN. STATE OF EMERGENCY AND DECLARATION OF WAR
210. Declaration of State of Emergency
- The President of the Republic, with the consent of the First Vice President, may upon the occurrence of an imminent danger, whether it is war, invasion, blockade, natural disaster or epidemics, as may threaten the country, or any part thereof or the safety or economy of the same, declare a state of emergency in the country, or in any part thereof, in accordance with this Constitution and the law.
- The declaration of a state of emergency shall be submitted to the National Legislature within fifteen days of the issuance of the declaration. When the National Legislature is not in session, an emergency session shall be convoked.
- When the National Legislature approves the declaration of a state of emergency, all laws, exceptional orders or measures issued or taken by the President of the Republic pursuant to the state of emergency shall continue to remain in force.
211. Powers of the President in the State of Emergency
The President of the Republic, with the consent of the First Vice President, may during the state of emergency take, by virtue of law or exceptional order, any measures that shall not derogate from the provisions of this Constitution and the Comprehensive Peace Agreement except as may be provided herein:-
- to suspend part of the Bill of Rights. However, there shall be no infringement on the right to life, freedom from slavery, freedom from torture, the right of non-discrimination on the basis of race, sex, religious creed, the right in litigation or the presumption of innocence and legal representation,
- to dissolve or suspend any of the state organs or suspend such powers, as may be conferred upon the states under this Constitution. The President of the Republic with the consent of the First Vice President shall assume the functions of such organs and exercise the powers or prescribe the manner in which the affairs of the state concerned may be managed,
- to take any such measures as deemed necessary to the state of emergency, which shall have the force of law.
212. Duration of the State of Emergency
The duration of the measures relating to the state of emergency shall expire in the following cases:-
- lapse of thirty days as from the date of issuance of the declaration if the National Legislature does not approve by a resolution the extension of its duration,
- lapse of the duration approved by the National Legislature,
- Issuance of a declaration by the President of the Republic with the consent of the First Vice President lifting the state of emergency.
Power to declare/approve war
213. Declaration of War
The President of the Republic, with the consent of the First Vice President, shall declare war whenever they decide that the country is under external aggression. Such declaration shall be legally enforceable upon approval by the National Legislature.
PART SIXTEEN. SOUTHERN SUDAN RIGHT TO SELF-DETERMINATION
Right to self determination
219. Affirmation of the Right to Self Determination by the People of Southern Sudan
The people of Southern Sudan shall have the right to self-determination through a referendum to determine their future status.
220. Southern Sudan Referendum Commission
- A Southern Sudan Referendum Act shall be promulgated by the National Legislature at the beginning of the third year of the interim period.
- The Presidency shall, as soon as Southern Sudan Referendum Act is issued, establish Southern Sudan Referendum Commission.
221. The Assessment and Evaluation Commission
- An independent Assessment and Evaluation Commission shall be established by the President of the Republic with the consent of the First Vice President to monitor the implementation of the Comprehensive Peace Agreement during the interim period.
- The Commission shall conduct a mid-term evaluation of the unity arrangements established under the Comprehensive Peace Agreement.
- The Parties to the Comprehensive Peace Agreement shall work with the Commission during the interim period with a view to improving the institutions and arrangements created under that Agreement and to make the unity of the Sudan attractive to the people of Southern Sudan.
Secession of territory, Referenda
222. The Referendum on Self-Determination
- Six months before the end of the six year interim period, there shall be an internationally monitored referendum, for the people of Southern Sudan organized by Southern Sudan Referendum Commission in cooperation with the National Government and the Government of Southern Sudan[.]
- The people of Southern Sudan shall either:-
- confirm unity of the Sudan by voting to sustain the system of government established under the Comprehensive Peace Agreement and this Constitution, or
- vote for secession.
PART SEVENTEEN. MISCELLANEOUS PROVISIONS
223. Coming into Force
- This Constitution shall be cited as the Interim National Constitution of the Republic of the Sudan, 2005; its Arabic and English versions are equally official and authentic. Any reference in it to the masculine denotes also reference to the feminine.
- Upon the adoption of this Constitution by the National Assembly and the National Liberation Council of the Sudan People's Liberation Movement; it shall be submitted to the President of the Republic accompanied by certificates of adoption by each of the said legislatures. It shall come into force on the date of signature by the President of the Republic.
Constitution amendment procedure
224. Amendment of the Constitution
- This Constitution shall not be amended unless the amendments are approved by three quarters of all the members of each Chamber of the National Legislature sitting separately and only after introduction of the draft amendment at least two months prior to deliberations.
- Any amendment affecting the provisions of the Comprehensive Peace Agreement shall be introduced only with the approval of both Parties signatory to the Comprehensive Peace Agreement.
225. Incorporation of the Comprehensive Peace Agreement
The Comprehensive Peace Agreement is deemed to have been duly incorporated in this Constitution; any provisions of the Comprehensive Peace Agreement which are not expressly incorporated herein shall be considered as part of this Constitution.
226. Transitional and Miscellaneous Provisions
- This Constitution is based on the Comprehensive Peace Agreement and the Constitution of the Republic of the Sudan 1998.
- The incumbent President of the Republic shall take oath of office before the Chief Justice and assume his duties by virtue of this Constitution. The First Vice President and President of the Government of Southern Sudan and the Vice President shall take oath of office before the President of the Republic and the Chief Justice and assume their duties in accordance with this Constitution.
- Pending the establishment of the executive organs contemplated in this Constitution, the President of the Republic shall authorize the continuation of the current administrations as care-taker administrations. The President of the Government of Southern Sudan shall, after consultations, also take necessary measures for the creation of a care-taker administration in Southern Sudan and Southern Sudan states, pending the adoption of the Interim Constitution of Southern Sudan.
- For the purposes of this Constitution and the Comprehensive Peace Agreement, the Interim Period shall commence as from July 9th[,] 2005, and any measures taken or institutions established by the signatories to the Comprehensive Peace Agreement pursuant to the same prior to the adoption of this Constitution shall be deemed to have been taken or established by virtue of this Constitution.
- All current laws shall remain in force and all judicial and civil servants shall continue to perform their functions, unless new actions are taken in accordance with the provisions of this Constitution.
- The law shall determine the salaries, emoluments, privileges and remunerations of the President of the Republic, the two Vice Presidents, the President of Government of Southern Sudan, the Speakers, members of the National Legislature and all holders of Constitutional posts at the National, Southern Sudan and state levels.
- The Presidency shall establish an ad-hoc committee to look into grievances of those retired or dismissed for political reasons and present its recommendations to the Presidency.
- The National Ministry of Justice shall, within two weeks from the date of receipt, declare the compatibility of the Interim Constitution of Southern Sudan and state constitutions with the Interim National Constitution.
- This Constitution shall govern the Interim Period, subject to any amendment or review in accordance with Article 224 herein and shall continue in force until a permanent constitution is adopted.
- If the outcome of the referendum on self-determination favours secession, the parts, chapters, articles, sub-articles and schedules of this Constitution that provide for southern Sudan institutions, representation, rights and obligations shall be deemed to have been duly repealed.
SCHEDULE A. NATIONAL POWERS
The exclusive legislative and executive powers of the national level of government shall be as follows:-
- National Defence, National Security and Protection of the National Borders;
- Foreign Affairs and International Representation;
- Nationality and Naturalization;
- Passports and Visas;
- Immigration and Aliens;
- Currency, Coinage and Exchange Control;
- Constitutional Court and other National Courts;
- National Police (including Criminal Investigation Department - CID, coordination of international, regional and bilateral criminal matters, and standards and regulations including the standards for training the police in the National Capital);
- The fixing of and providing for salaries and allowances of civil and other officers of the National Government;
- Postal Services;
- Civil Aviation;
- Maritime shipment;
- Navigation and Shipment;
- National Lands and National natural resources;
- Central Bank, the Incorporation of National banks and issuing of paper money;
- Bills of Exchange and Promissory Notes;
- Weights, Measures and Standards, Dates and Standards of Time;
- Establishment and Maintenance of National Prisons;
- National Institutions as envisaged under the Peace Agreement or as set forth in this Constitution;
- Customs, Excise and Export Duties;
Provisions for intellectual property
Intellectual Property Rights, including Patents and Copyright;
- National Flag, National Emblem and National Anthem;
- Signing of International Treaties on behalf of the Republic of the Sudan;
- National Debt and borrowing on public credit;
- National Census, National Surveys and National Statistics;
- National States of Emergency;
- International and Inter-State Transport, including roads, airports, waterways, harbours and railways;
- National Public Utilities;
- National Museums and National Heritage Sites;
- National Economic Policy and Planning;
- Nile Water Commission, the management of the Nile Waters, trans-boundary waters and disputes arising from the management of interstate waters between Northern states and any dispute between Northern and Southern states;
National information, publications, telecommunications regulations;
- National Taxation and National Revenue Raising;
- National Budget;
- Laws providing for National elections and their supervision by the National Elections Commission;
- Issuance of National Identity Card.
SCHEDULE B. POWERS OF THE GOVERNMENT OF SOUTHERN SUDAN
The exclusive legislative and executive powers of Government of Southern Sudan shall be as follows:-
- The adoption and amendment of the Constitution of the Government of Southern Sudan;
- Police, Prisons and Wildlife Services;
- Security and military forces during the Interim Period;
- Legislation relating to the Government of Southern Sudan structures for the delivery of services at all levels of Government of Southern Sudan;
- Borrowing of money on the sole credit of the Government of Southern Sudan within the national macro-economic policy;
- Planning for Southern Sudan Government services including health, education, and welfare, etc;
- The appointment, tenure and payment of Government of Southern Sudan (GOSS) officers and civil servants;
- Development of financial resources for the Government of Southern Sudan;
- The co-ordination of Southern Sudan services or the establishment of minimum Southern Sudan standards or the establishment of Southern Sudan uniform norms in respect of any matter or service referred to in Schedule C or Schedule D, read together with Schedule E, with the exception of Item 1 of Schedule C, including but not limited to, education, health, welfare, police (without prejudice to the National Standards and Regulations), prisons, state public services, such authority over civil and criminal laws and judicial institutions, lands, reformatories, personal law, intra-state business, commerce and trade, tourism, environment, agriculture, disaster intervention, fire and medical emergency services, commercial regulation, provision of electricity, water and waste management services, local Government, control of animal diseases and veterinary services, consumer protection, and any other matters referred to in the above Schedules;
- Any power that a state or the National Government requests it to exercise on its behalf, subject to the agreement of the Government of Southern Sudan or that for reasons of efficiency the Government of Southern Sudan itself requests to exercise in Southern Sudan and that other level agrees;
- Referenda in Southern Sudan on matters affecting Southern Sudan within the competencies of Southern Sudan Government;
- Taxation and revenue raising in Southern Sudan;
- Southern Sudan Budget;
- Public utilities of Government of Southern Sudan;
- Government of Southern Sudan flag and emblem;
- Reconstruction and development of the Southern Sudan;
- Government of Southern Sudan information, publications, media and telecommunications utilities;
- Rehabilitation and benefits to disabled war veterans, orphans, widows and care for the dependents of deceased war fallen heroes;
- Any matter relating to an item referred to in Schedule D that cannot be dealt with effectively by a single state and requires Government of Southern Sudan legislation or intervention including, but not limited to the following:-
- Matters relating to businesses, trade licenses and conditions of operation;
- Natural resources and forestry;
- Town and rural planning;
- Disputes arising from the management of interstate waters within Southern Sudan;
- Fire fighting and ambulance services;
- GOSS reformatory institutions;
- Firearms licenses within Southern Sudan; and
- Government of Southern Sudan recreation and sports.
- Such matters relating to taxation, royalties and economic planning as is specified in the Agreement on Wealth Sharing;
- Southern Sudan census and statistics within the competence of the Southern Sudan Government;
- Issuance of identity cards within Southern Sudan, driving licenses and any other appropriate documentation.
SCHEDULE C. POWERS OF STATES
The exclusive executive and legislative powers of a state of the Sudan shall be as follows:-
National vs subnational laws
The Constitution of the state, subject to compliance with the National Constitution, and, as relevant, the Constitution of Southern Sudan;
- State Police, prisons;
- Local Government;
- State information, state publications and state media;
- Social Welfare including state pensions;
- The Civil Service at the state level;
- The State Judiciary and administration of justice at state level including maintenance and organization of state Courts, and subject to national norms and standards, civil and criminal procedure;
- State Land and state Natural Resources;
- Cultural matters within the state;
- Regulation of religious matters;
- Internal and external borrowing of money on the sole credit of the state within the National macro-economic framework;
- The establishment, tenure, appointment, and payment of state officers;
- The management, lease and utilization of lands belonging to the state;
- The establishment, maintenance and management of reformatory institutions;
- The establishment, regulation, and provision of health care, including hospitals and other health institutions;
- Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state;
- Local works and undertakings;
- Registration of marriage, divorce, inheritance, births, deaths, adoption and affiliations;
- Enforcement of state laws;
- Statutes enacted under the penal law power, save for the penalization for the breach of National laws relating to the national competencies;
- The development, conservation and management of state natural resources and state forestry resources;
- Primary and secondary schools and education administration in regard thereto;
- Laws in relation to agriculture within the state;
- Airstrips other than international and national airports within civil aviation regulations;
- Intrastate public transport and roads;
- Population policy and family planning;
- Pollution control;
- State statistics, and state surveys;
- State referenda;
- Charities and endowment;
- Quarrying regulations;
- Town and rural planning;
- State cultural and heritage sites, state libraries, state museums, and other historical sites;
- Traditional and customary law;
- State finances;
- State irrigation and embankments;
- State Budget;
- State archives, antiquities, and monuments;
- Direct and indirect taxation within the state in order to raise revenue for the state;
- State public utilities;
- Vehicle licensing;
- Fire fighting and ambulance services;
- Recreation and sport within the state;
- Firearms Licenses;
- Flag and emblem of the state.
SCHEDULE D. CONCURRENT POWERS
The National Government, the Government of Southern Sudan and state governments, shall have legislative and executive competencies on any of the matters listed below:-
- Economic and Social Development in Southern Sudan;
- Legal and other professions and their associations;
- Tertiary education, education policy and scientific research;
- Health policy;
- Urban development, planning and housing;
- Trade, commerce, Industry and industrial development;
- Delivery of public services;
- Banking and insurance;
- Bankruptcy and insolvency;
- Manufacturing licenses;
- Airports, only with respect to the Government of Southern Sudan in accordance with Civil Aviation standards and regulations;
- River transport;
- Disaster preparedness, management and relief and epidemics control;
- Traffic regulations;
- Electricity generation and water and waste management;
- Information, Publications, Media, Broadcasting and Telecommunications;
- Environmental management, conservation and protection;
- Relief, Repatriation, Resettlement, Rehabilitation and Reconstruction;
- Without prejudice to the National Regulation, and in the case of Southern states, the regulation of Government of Southern Sudan, the initiation, negotiation and conclusion of International and Regional Agreements on culture, sports, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign nongovernmental organizations;
- Financial and economic policies and planning;
- Women's empowerment;
- Gender policy;
- Pastures, veterinary services, and animal and livestock diseases control;
Protection of consumers
Consumer safety and protection;
- Residual powers, subject to Schedule E;
- Mother, Child protection and care;
- Water Resources other than interstate waters;
- Notwithstanding Schedules A, B and C, such matters relating to taxation, royalties and economic planning;
- Southern Sudan and state Courts responsible for enforcing or applying National laws;
- Such matters relating to taxation, royalties and economic planning as a matter or matters in regard to which the Government of Southern Sudan is accorded concurrent authority;
- Human and animal drug quality control.
- Regulation of land tenure, usage and exercise of rights in land.
SCHEDULE E. RESIDUAL POWERS
The residual powers shall be dealt with according to their nature (e.g., if the power pertains to a national matter, requires a national standard, or is a matter which cannot be regulated by a single state, it shall be exercised by the National Government. If the power pertains to a matter that is usually regulated by the state or local government, it shall be exercised by the state). Where a matter is susceptible to Southern Sudan regulation, i respect of the states of Southern Sudan, it shall be exercised by the Government of Southern Sudan.
National vs subnational laws
SCHEDULE F. RESOLUTION OF CONFLICTS IN RESPECT OF CONCURRENT POWERS
If there is a contradiction between the provisions of Southern Sudan law and/or a state law and/or a National law, on the matters referred in Schedule D, the law of the level of government which shall prevail shall be that which most effectively deals with the subject matter of the law, having regard to:-
- The need to recognize the sovereignty of the Nation while accommodating the autonomy of Southern Sudan or of the states;
- Whether there is a need for National or Southern Sudan norms and standards;
- The principle of subsidiarity;
- The need to promote the welfare of the people and to protect each person's human rights and fundamental freedoms.