Kampala Declaration on the Future of Constitutional Arrangements in Sudan “Towards Constitutional Stability in Sudan” issued by the Expert Workshop on “The Future of Constitutional Arrangements in Sudan” Kampala, Uganda, January 26 and 27, 2004
Preamble: Nineteen Sudanese experts, a number of Egyptian and Ugandan observers, and some international experts met in Kampala, Uganda, on January 26 and 27, 2004, at the invitation of the Cairo Center for Human Rights Studies and hosted by the Pan-African Movement, to discuss the constitutional dilemmas that faced and are facing Sudan. The attendees, despite their different intellectual, professional and academic backgrounds, patiently discussed controversial issues in order to try to reach formulas that would contribute to creating a constitutional consensus among the various Sudanese groups. The following observations and recommendations represent the result of that persistent effort and sincere desire to overcome the chronic Sudanese crisis. The participants concluded that political instability is the reason behind the constitutional instability after the passage of time
Nearly fifty years since independence. The lack of respect for cultural, national, and religious diversity, as well as the attempt to resolve major political options by resorting to force, a military coup, or simply through a parliamentary majority, has proven its failure. This failure resulted in many armed conflicts that resulted in the loss of millions of lives and a terrible deterioration in all aspects of life in the country. The attendees stressed that any constitutional arrangements in the coming period in Sudan must be based on a true democratic transformation that guarantees pluralism, basic rights and freedoms, and the rule of law. The participants called on all political forces to reject violence and military coups, avoid non-democratic means as a way to gain power or resolve differences, and adopt dialogue and democratic transfer of power. General principles: The participants called on both sides of the current peace process to seek to reach a national consensus among the various political forces regarding the peace agreements between the government and the Sudan People’s Liberation Movement, and to establish the transition on the basis of national consensus, democracy, and broad participation. Some participants believed that there is no need to stipulate in the constitution/future constitutions any source of legislation, given that legislation is the responsibility of the elected Legislative Council. Attendees welcomed the progress in the peace negotiations currently underway and expressed their hopes that they would lead to an agreement
They want to stop the war, but they see that accommodating other points of view in the agreement is necessary to reach lasting solutions and achieve sustainable peace. The participants unanimously agreed on the necessity of involving all political forces in the national government that will take charge in the first part of the transitional phase (before the elections), with the aim of establishing this phase on the basis of national consensus. Participants stressed the importance of future constitution/s reflecting the interconnected and indivisible understanding of human rights (civil and political, economic, social and cultural rights, and collective rights), with an emphasis on the right to development and the integration of a gender perspective and a rights-based approach. They stressed the need for the state to play an effective economic role in providing basic services and establishing infrastructure, in a way that enhances voluntary national unity and eliminates development imbalance. They stressed the need to take into account ethnic, religious and cultural diversity in all state policies, leading to strengthening national unity and consolidating the principles of peaceful coexistence, tolerance and mutual support. The participants called for general elections to be held in accordance with a new law two or three years after the beginning of the transitional period, so that executive authority is based on a popular mandate, and for the constitution to be approved by an elected constituent body. The attendees stressed the importance of establishing the principle of accountability for all human rights violations, whether committed by entities
governmental or non-state actors, consolidating the values of justice and laying the foundations of a state of rule of law in Sudan, and they agreed on the importance of establishing constitutional and legal controls to prevent human rights violations in the future. The participants believed that the process of reviewing the constitution should not be bound by the current constitution or any other constitution, and should be guided by the outcome of previous discussions and deliberations that took place within the framework of the Sudanese’s efforts to reach a constitutional consensus since 1956. It is also important to benefit, creatively, from the experiences of other peoples. The participants stressed the need to involve all political forces and civil society organizations in the committee that will be entrusted with reviewing the constitution, provided that the committee approves its decisions unanimously or similar to consensus. The participants noted the importance of strengthening the constitutional spirit as no less important than the constitution itself, as through it the rights of citizenship and the values of participation are confirmed. They also stressed the importance of spreading the culture of democracy, human rights, peace, and tolerance in a way that consolidates these values in the political culture and makes violating the principles of democracy and turning against them morally, politically, and legally condemnable. Army and Politics The attendees unanimously agreed that the phenomenon of military coups that characterized Sudan after independence had harmed the Sudanese military establishment to the same extent as it had harmed the political experience. They stressed the need to establish
The constitutional framework in which the armed forces will operate, exercising their role in protecting the constitution on the basis of the interpretation of the Constitutional Court and through a National Security Council in which the military leadership is represented. The participants also noted the importance of emphasizing the nationalism and professionalism of the army and protecting it from infiltration and the legal criminalization of infiltration of the army by political forces. Attendees recommended the need to review the command structure, abolish the position of Commander-in-Chief and replace it with a Joint Chiefs of Staff, with a comprehensive reorganization of the armed forces that accommodates and develops the current security arrangements agreement in order to address post-transition requirements. The form of the state and its main bodies. The participants discussed the form of the state and its main bodies, and they agreed on the necessity of a clear stipulation in the constitution on the separation of the three powers, on the independence of the judiciary from the legislative and executive powers, and on the need for an effective system of checks and balances. As for the choice between the presidential republic and the parliamentary republic, the participants agreed on the need to continue the discussion on this issue, and on the need to reach a formula that makes the people’s choice of one of them a choice based on real knowledge of the characteristics of the two systems. The participants stressed the necessity of rebuilding the judiciary and judicial bodies in a way that ensures their independence
Actual within the framework of judicial reform that addresses the wrong practices represented in dismissal and appointment decisions made on political grounds. The participants agreed on the need for the state and individuals to be subject to the rule of law. Fundamental rights, freedoms and liberties. The attendees unanimously agreed on the necessity of a clear stipulation in the constitution regarding basic rights and freedoms, ensuring that all citizens enjoy them while providing full guarantees against the encroachment of the executive authority on those rights and freedoms, including independent judicial protection. The participants saw the need to stipulate Sudan’s commitment to all human rights treaties it has ratified. The attendees also agreed on the need for any agreement ratified by the state to be included in local laws and for this to be stipulated in a peremptory manner in the constitution. The participants stressed the necessity of not restricting basic rights and freedoms by any restrictions that are considered to undermine the essence of the right, and that restrictions should be limited to those that regulate their exercise in accordance with what is stated in international conventions. The attendees stressed that although it is natural to restrict some freedoms in cases of emergency that threaten the life of the country, they ensured that the restriction should be within the limits necessary to confront what necessitated the state of emergency, and that the restriction or restrictions should be stipulated in a law, and that the state of emergency and the restrictions resulting from it should be subject to oversight.
Independent judiciary. The participants stressed the country's need to establish a national human rights committee in accordance with international standards and to benefit from international experiences and heritage in this field. Electoral Systems Participants discussed different electoral systems, including the direct individual system and the list system. Some participants suggested the need to allocate constituencies for modern forces, including constituencies for professionals and women. Others felt that giving individuals designated as modern powers two votes was incompatible with democracy. They proposed that women's representation in the Legislative Council be ensured by allocating seats for women. The participants unanimously agreed on the necessity of representing all political parties and civil society organizations in the various election committees, in order to ensure the fairness of the electoral process. Incorporating women's rights into the constitution Participants emphasized: ensuring women's participation in constitution-making, taking into account that women do not represent one homogeneous bloc. Ensuring the integration of women’s rights into the Constitution in accordance with clear and specific constitutional provisions that explicitly stipulate that no
Discrimination against women in all fields. Taking into account the specific situation of women in areas suffering from historical marginalization, as well as in the countryside, poor urban areas, and areas affected by war. Commitment to all international human rights conventions, including the International Convention on the Elimination of All Forms of Discrimination against Women and the African Charter on Human and Peoples’ Rights. Religion and the State The participants agreed that citizenship should be the basis of rights and duties in Sudan, and that the constitution should stipulate freedom of belief and equal treatment of religions in education and the media. While a number of participants saw that this required a separation between politics and religion in a way that affirms the state of citizenship, others saw that religion is a vital factor in directing public affairs, and that it does not conflict with equal citizenship rights within the framework of democratic practice as long as the majority in the region or regions chooses to do so. A third group believed that philosophical formulas should be avoided in determining the relationship of religion with the state, such as saying secularism is a criterion, or separating religion from politics, but rather setting objective standards to regulate the relationship of religion with the state. Some suggested that human rights conventions should be the standard for regulating the relationship between religion and the state. Issues of nationalities. The attendees were unanimous in their preference for Sudan to be a unified national entity and to strengthen this unity through policies
and appropriate legislation and structures. They also stressed the right of the South to exercise the right to self-determination at the end of the transitional period and the need to respect the result of the referendum even if it leads to the emergence of an independent state in South Sudan. The attendees unanimously agreed on the necessity of establishing a regional system and local government based on pluralism and election, and that it should be entrusted with issues of economic development, education, culture, social affairs, and media, and in general the administration of the region in all aspects except the issues that fall under the jurisdiction of the center according to the constitution, and that a law be prepared for decentralized governance that benefits from previous experiences and takes into account their positives, taking into account the special situation of the south, which will be addressed under the peace agreement to be signed. Some participants called for a return to the six-region system. Some of the attendees saw the necessity of stipulating in the transitional constitution and in subsequent constitutions the permanent right of all nationalities in Sudan to self-determination whenever they deem it a fundamental right and a guarantee of the rights of marginalized peoples. They stressed that this is the democratic way to create voluntary and just unity in Sudan. Others saw that the way out was to address the imbalance in the government system by establishing a national government in the south, establishing states in the north under the jurisdiction of the central government, and determining the share of Sudan’s regions in wealth and power. The attendees stressed the need to strengthen state mechanisms and institutions that work in the areas of conflict resolution and preventive treatment of the causes of ethnic, national, and religious tension in a way that enhances the chances of peaceful coexistence. The path of constitution building. The attendees stressed the need for the constitution to be built through broad consultations organized by a constitutional committee in which there is neutrality or nationalism. It must carry out a program of intensive and expanded consultations with citizens in all parts of the country, and establish appropriate channels that allow all social and political forces to convey their views to the committee, and their reactions to the proposals. Primary, with an effort to reach the most marginalized groups in a planned manner. The participants stressed the need to hold a national constitutional conference attended by representatives of existing parties and civil society, or delegates elected for that purpose. In conclusion, the attendees thanked the Cairo Center for Human Rights Studies for organizing this important workshop, and praised the great role that the Center plays in favor of human rights in the region in general, and in Sudan in particular. The participants called on the Cairo Institute for Human Rights Studies to hold, alone or in coordination with others, a conference in which various political forces and civil society organizations would be represented to develop and expand the discussion on issues related to constitutional arrangements and their related tasks. Participants (in alphabetical order): Al-Baqir Al-Afif, Academician Al-Sir Ahmed Saeed, military expert
Al-Sadiq Sayed Ahmed Shami, lawyer Al-Tayeb Zein Al-Abidin, Professor of Political Science, University of Khartoum Hassan Makki, Dean of the Center for African Studies and Research, International University of Africa, Zainab Abbas Badawi, representative of the Cairo Center for Human Rights Studies in Khartoum Sayed Issa, lawyer Shan Madot, Judge Taha Ibrahim, lawyer Abdel Salam Hassan Abdel Salam, legal advisor to the Africa Justice Organization (London) and workshop coordinator Abdel Mahmoud Haj Saleh, former Attorney General Atta Al-Bathani, Head of the Department of Political Science, University of Khartoum, Faisal Mohamed Saleh, journalist Kamal Al-Jazouli, lawyer and writer
Magdy Al-Naim, Executive Director of the Cairo Institute for Human Rights Studies Mahjoub Mohamed Saleh, Editor-in-Chief of Al-Ayyam
Mohamed Saeed Al-Tayeb, visiting researcher at the Raoul Wallenberg Institute for Human Rights and International Humanitarian Law, Sweden Mohamed Mahjoub Haroun, journalist and university professor Nada Mostafa, Director of the African Health and Development Organization, London
New Kush Back to Documentation Page Arkamani Comprehensive ContentsReturn to the documents page
Background painting: The ruins of the palace of the King of Sennar as painted by Caio in 1821