Draft Constitution of the Republic of Sudan

Prepared by: Sedqi Kablo

Chapter one

Name

1- This document shall be called the Constitution of the Republic of Sudan for the year

The Republic of Sudan, its regions and borders

2- Sudan is a sovereign, federal, parliamentary, democratic republic.

3- The Republic of Sudan includes all its lands, sea waters and airspace in accordance with international law.

4- The law determines the emblem, flag and anthem of the Republic of Sudan.

5- The law determines the capital of the Union and the capitals of the regions.

Sovereignty in the Republic of Sudan belongs to the people

6- Sovereignty in the Republic of Sudan belongs to the Sudanese people, which it exercises through its elected and appointed representatives and through a free referendum in accordance with the provisions of this Constitution and the laws issued pursuant to it and interpreting its texts.

7- The people in Sudan are the source of authorities and laws. All powers are exercised and all laws are issued in accordance with and as an expression of their free will. It is not permissible to issue any laws that differentiate between individuals and groups of the people on the basis of race, gender, religion, culture or language.

The supremacy of the provisions of the Constitution

8- The provisions of this Constitution prevail over all existing or future laws. Any provisions of these laws that conflict with the provisions of this Constitution shall be repealed and amended to the extent that eliminates that conflict.

9- The Constitutional Court established by law in accordance with the provisions of this Constitution has the jurisdiction to interpret the articles of this Constitution, rule on the constitutionality of laws and procedures, and guard the constitutional rights stipulated in this Constitution, and its provisions shall be effective.

10- The President and members of the Council of State, the President and members of the Federal and Regional Council of Ministers, members of the Federal House of Representatives and the Regional Councils of Representatives, the Chief Justice, judges, the Commander-in-Chief of the Armed Forces, officers and non-commissioned officers of the Armed Forces, the police forces, prisons, border guards, all regular forces, public employees and civil servants shall take an oath to respect, respect and uphold the Constitution of Sudan.

Chapter Two

Fundamental rights

11- Life is an inherent human right, and no person may be deprived of life in Sudan.

12- The people in Sudan are multi-ethnic, multi-religious, multi-cultural and multi-lingual, and the system of government, law and legislation in Sudan respects this pluralism and protects the rights of all groups and individuals.

13- Citizenship in Sudan is the basis of rights and duties, and it is not permissible to differentiate between citizens in Sudan on the basis of race, gender, religion, culture, or language.

14- Any person born to a Sudanese father or mother has the right to citizenship in Sudan, and a Sudanese citizen may not be stripped of his citizenship. The law regulates the granting of Sudanese citizenship to non-Sudanese.

15- Every Sudanese citizen who has reached the age of eighteen has the right to cast his vote in the election of members of local councils, regional councils of representatives, the Federal House of Representatives, and any general referendum.

16- Every Sudanese has the right to compete for public positions, including nominations for membership in local councils, regional and federal parliaments, and senior constitutional positions, and no discrimination may be made between citizens on the basis of colour, race, gender, religion, culture or language.

17- All persons, citizens and non-citizens, present in the Republic of Sudan, enjoy freedom of belief and conscience and the right to freely perform their religious rituals, and they have the right to establish places of worship and use public squares for their religious occasions.

18- All persons have the right to express their opinions, the right to issue publications, newspapers, pamphlets, and books, and the right to assemble, demonstrate, and conduct peaceful processions. The law regulates these rights without encroaching on them or imposing conditions on their exercise that make enjoying them impossible or restricted to a specific social group.

19- Every citizen in Sudan has the right to knowledge and information and the right to seek to obtain it.

20- Every citizen in Sudan has the right to the inviolability of his personal and family life. It is not permissible to spy on his private life, open his correspondence, eavesdrop on his telephone conversations, or take pictures or films of him and his family without his consent or based on the order of a court of competent jurisdiction.

21- All persons in Sudan have the right to organize and form political parties and civil, trade union and social organizations and their membership. The law regulates these rights without encroaching on them or imposing conditions on their exercise that make enjoying them impossible or exclusive to a specific social group.

22- Every citizen of Sudan has the right to move inside and outside the country, and no citizen may be stripped of that right except by court order in accordance with a valid law.

23- No one may be held in slavery or servitude, and slavery and the slave trade in all their forms are prohibited.

24- Citizens of Sudan enjoy all the rights stipulated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which are considered part of this Constitution.

25- The state seeks with all its capabilities to ensure that Sudanese enjoy the rights stipulated in the International Covenant on Economic and Social Rights and gives top priority to the rights to public education, preventive and curative health, and work.

26- Torture is prohibited in the Republic of Sudan, and there is no statute of limitations for torture crimes, and the law in Sudan imposes the maximum penalties on perpetrators of torture crimes.

27- No Sudanese citizen may be deprived of his personal freedom except in accordance with the law and by order of a competent court. No person may be detained without trial in Sudan for a period exceeding 72 hours except in accordance with a judicial order and pending investigation. Anyone who detains a citizen illegally is committing a crime punishable by law.

28- Every person accused of a crime is considered innocent until proven legally guilty in a public trial in which he is guaranteed the necessary guarantees to defend himself. No person shall be convicted for performing an act or refraining from performing an act, unless it was considered a crime under national or international law at the time of its commission, and no penalty greater than that which might have been imposed at the time of the commission of the crime shall be imposed on him.

29- Any person who has been charged and awaiting trial has the right to seek the assistance of a lawyer and the right to submit a request to the judge of the competent court to release him on bail until the date of his trial. The law regulates the procedures in this case.

30- Any accused in Sudan is innocent until proven guilty. No person is required to provide evidence against himself except at his own will. In Sudan, the burden of proof falls on the plaintiff.

31- No person may be tried for an act unless that act constitutes a crime in accordance with a valid law, and no law in Sudan may apply retroactively.

32- Any person shall be tried before his natural judge and competent court and in accordance with the applicable procedural law. It is not permissible to allocate special procedures or special courts after the accusation is brought.

33- All real and legal persons in the Republic of Sudan are subject to the rule of law and are equal before it. It is not permissible to differentiate between them on the basis of race, gender, religion, culture or language.

34- Any real or legal person (legal) in Sudan may request the Constitutional Court to protect or implement any of the rights stipulated in this Constitution, and the Constitutional Court has the authority to issue the necessary and appropriate orders to ensure that the applicant enjoys any of the aforementioned rights.

Chapter Three

Division of powers

35- The federal state in Sudan consists of a council of state, a council of ministers, a council of parliament, a judicial body, a constitutional court, an auditor general, armed forces, police forces, a federal statistics agency, and public councils, institutions, and administrations determined by law.

36- The authority in the regions consists of a Council of Ministers, a House of Representatives, local government councils, councils, institutions and departments determined by law.

Judicial authority

37- There shall be an independent judicial authority in Sudan called the Judicial Authority.

38- The executive or legislative authority may not interfere in the work of or monitor the judicial authority.

39- Judges are independent in performing their duties, and may not be influenced in their rulings.

40- In performing his duties, the judge is guided by the principle of the supremacy of the Constitution and the rule of law, and he must protect this principle and administer justice without fear or favour.

41- The Council of State shall appoint, upon the recommendation of the retired Chief Justice or the most senior judge in the judiciary, the Chief Justice.

42- The Chief Justice shall have administrative supervision and control over the judiciary.

43- The Chief Justice appoints the members of the Supreme Court of Appeal.

44- The members of the Supreme Court of Appeal divide their departments and jurisdictions.

45- The members of the Supreme Court of Appeal are appointed, based on the recommendation of the Chief Justice, judges of the Supreme Courts and determine their regional and competent circuits.

46- Every region shall have a supreme criminal court and a supreme civil court.

47- The Supreme Court of Appeal determines, based on the recommendation of the Chief Justice, the number of judges, their grades, promotions, salaries, and their distribution among the regions.

48- The federal government provides the necessary resources to the judiciary to carry out its tasks in maintaining justice, the rule of law, and guarding the constitution.

49- State agencies implement judicial rulings, and all legal and real persons are subject to its rulings.

50- Members of the judiciary take an oath to uphold and respect the Constitution, to judiciary fairly, and to uphold the rule of law. The Judicial Body Law determines the text of the oath and how it will be performed.

Constitutional Court

51- The Constitutional Court is an independent court that is formed based on a decision by the Council of State after consultation with the Chief Justice.

52- The Constitutional Court has the authority to interpret the Constitution and decide on the constitutionality of laws, legislation and decisions issued by the executive, legislative and judicial authority and to protect or implement any of the rights stipulated in this Constitution. The Constitutional Court has the authority to issue the necessary and appropriate orders to ensure the enjoyment of any of the aforementioned rights.

53- The decisions of the Constitutional Court are considered effective and may not be appealed.

State Council

54- The Parliament elects a State Council of three persons, taking into account their representation of the pluralism of the people of Sudan.

55- The members of the Council of State rotate its presidency periodically in accordance with a decision they take.

56- The State Council shall be a symbol of the sovereignty of the people, the head of the Federal Republic, and the supreme constitutional authority in the country.

57- The Council of State shall be the Supreme Commander of the Armed Forces in Sudan, and shall exercise its powers as Supreme Commander with the advice of the Commander-in-Chief, the Minister of Defense and the Council of Ministers.

58- The State Council appoints the person elected by the Federal Parliament as Prime Minister

59- The Council of State appoints members of the Federal Council of Ministers based on the recommendation of the Federal Prime Minister.

60- The Council of State appoints whoever is elected by the regional parliament as President of the Council of Ministers of the specific region.

61- The Council of State appoints the members of the Regional Council of Ministers based on the recommendation of the Regional Prime Minister.

62- The State Council ratifies the laws and legislation issued by the federal or regional parliament and orders their publication in the Official Gazette.

63- The State Council has the right to return any law or legislation to the federal or regional parliament with a memorandum explaining the aspects of the State Council’s objection. The competent parliament has the right to reconsider the law or legislation or re-pass it without amendment. The Council of State orders the publication of the law or legislation after it has been passed for the second time by Parliament, and it becomes a law in force as soon as it is published.

64- The State Council has the right to refer any law or legislation issued by the competent parliament to the Constitutional Court to examine its constitutionality. If the Constitutional Court decides that any law or legislation issued by any federal or regional parliament is unconstitutional, that law or legislation shall be repealed. A new draft of legislation or law may be presented after removing any texts opposing the constitution.

65- The State Council may issue a law by temporary order in the event of the absence of the competent Parliament based on the recommendation of the competent Council of Ministers.

66- The Council of State appoints Sudanese ambassadors to other countries and to international and regional organizations based on the recommendation of the Council of Ministers.

67- The State Council accepts the credentials of foreign ambassadors and representatives of other countries and global and regional organizations based on the recommendation of the Council of Ministers.

68- The Council of State shall establish its rules of procedure.

69- The State Council takes its decisions by majority.

70- The position of state member becomes vacant if:

A- He died

B- He resigned

C - Convicted of a crime punishable by imprisonment for a period of no less than six months.

D- A medical decision was issued that he was not of sound mind

C- Dismissal by Parliament in accordance with Article 70 of this Constitution.

71- Parliament has the right to dismiss a member of the Council of State if he is convicted after a written accusation against him of violating the Constitution is brought against him by a quarter of the members of Parliament. The accusation is investigated by Parliament and the accused member is given the right to defend himself. The decision of Parliament must be made by two-thirds of the members.

The Prime Minister and the Council of Ministers

72- The Federal Parliament elects a Prime Minister from among its members.

73- The elected Prime Minister shall submit a list of his ministers to the Council of State to appoint them to be eligible for membership in Parliament, provided that at least two-thirds of the members of the Council of Ministers are members of Parliament.

74- The elected Prime Minister presents his cabinet and government policy to Parliament to gain confidence.

75- If the Prime Minister does not gain the confidence of Parliament or loses it due to the failure of a draft law or legislation that he submitted, he must submit his resignation to the Council of State.

76- The resignation of the Prime Minister is considered a resignation of his Council of Ministers.

77- The Council of State requests Parliament to elect a new Prime Minister, and the resigned Prime Minister may be re-elected.

78- The Prime Minister may request the State Council to dismiss all or some members of the Council of Ministers.

79- The Prime Minister may request the Head of State Council to make a limited or complete amendment to the Council of Ministers, provided that if an amendment is made that exceeds half of the Council, the Prime Minister must present his new Council to Parliament to gain its confidence.

80- The Council of Ministers jointly exercises executive authority in the Union.

81- The Council of Ministers is jointly responsible before Parliament for conducting the Union’s business.

82- The Council of Ministers shall submit to Parliament a draft law on the annual budget of the Union two months before the start of the fiscal year.

83- The Council of Ministers submits to Parliament a general report twice a year on the economic and financial situation of the Union.

84- The Council of Ministers submits draft laws and legislation to Parliament. Parliament may approve, amend or reject it. The Council of Ministers has the right to announce to Parliament that any amendment or rejection is considered a withdrawal of confidence.

85- Members of the Council of Ministers who are not representatives attend Parliament sessions whenever they wish to do so or if they are summoned to appear before it or to answer questions and inquiries submitted to them. He may participate in the Council's deliberations, but they may not vote when making its decisions.

86- The Council of Ministers may propose to the Council of State to issue a law with a temporary order in the event of Parliament’s absence, provided that this order must be presented with the reasons for its issuance to Parliament in its first session.

87- The Council of Ministers may propose to the Council of State to declare a state of emergency and submit a draft to Parliament to do so within 48 hours if Parliament is in regular session, or propose to the Council of State to convene within two weeks to discuss a temporary order declaring a state of emergency.

88- Every minister shall be responsible before the Prime Minister for his performance and the performance of his ministry.

General Auditor

89- The Council of State shall appoint, upon the recommendation of the Federal Parliament, an Auditor-General of the Federation.

90- The Auditor General shall have the authority to audit the accounts of the federal state and regional governments and submit annual reports thereon to the competent parliament.

91- The Auditor General has the authority to protect public funds and must take all legal measures to recover any money, property or movable property owned by the state that was seized illegally or without authorization from a competent authority.

92- A special prosecution office shall be established at the Auditor General’s Office responsible for legal procedures to protect public funds.

93- The law determines the allocations and salary of the Auditor General, and the law may not be amended so as to reduce the powers of the Auditor General or reduce his allocations or salary.

Federal Parliament

94- The Federal Parliament in Sudan is the representative of the popular will to exercise sovereignty, issue laws, develop development plans, elect the executive authority, monitor it, and hold it accountable. Without prejudice to the above, the Parliament shall exercise the following powers:

(a) Election of the Council of State.

(b) Electing the Prime Minister and withholding confidence from him and his government.

(d) Recommending the appointment of the Auditor General.

(e) Approving draft laws and legislation submitted to it by the Council of Ministers or its members in accordance with its regulations.

(f) Issuing regulations organizing its business.

(g) Approval of the general budget of the Union.

(h) Monitoring government work and performance.

(i) Approval of economic development plans.

(j) Formation of specialized committees and parliamentary investigation committees.

(k) Approval of international, regional and bilateral treaties and agreements between Sudan and other countries and international and regional organizations.

(l) Authorizing, canceling, or lifting an order for a state of emergency.

(m) Interrogating the Prime Minister and ministers and directing questions to them.

(n) Summons any person or public employee to appear before any parliamentary committee to provide the information requested by the committee.

95- The Federal Parliament is elected in free, direct elections supervised by a national election commission headed by an appeals court judge appointed by the judiciary for this purpose and appointed by the Council of State. The Council of State appoints the members of the National Elections Commission based on the recommendation of its Chairman. The committee may appoint its technical staff and determine its work procedures.

96- The powers and responsibilities of the Election Commission are determined by law.

97- Elections are held on the basis of geographical constituencies, based on one representative for every fifty thousand voters, and factional constituencies for workers, farmers, and professionals, and constituencies are allocated for women.

98- The term of the Federal Parliament shall be four years, provided that the State Council may dissolve it and issue an order to elect a new Parliament within three months based on the recommendation of the Prime Minister.

99- Parliament will hold its first session under the chairmanship of its oldest member within the first thirty days of announcing the election results. This session will be devoted to electing the Speaker of Parliament, members of the Council of State, and the Prime Minister.

100- Parliament takes all its decisions, except to amend the Constitution or remove a member of the Council of State, by a majority of its members attending a statutory meeting.

101- A parliamentary meeting is considered legal if attended by more than half of its elected members.

102- Members of Parliament enjoy complete immunity in exercising their duties inside and outside the House

103- A Member of Parliament may not be detained except in the event of a crime punishable by a valid law, and no criminal proceedings may be initiated against any Member of Parliament except with the written permission of the Speaker of Parliament, who must immediately notify Parliament of this.

104- Parliament determines its regulations, how to organize its work, and the periods of its meetings.

Regional authorities

105- The following regional authorities shall be established in the Republic of Sudan:

(a) The Southern Region

(b) Darfur region

(d) The Nuba Mountains Region

(e) Inqasna region and southern Blue Nile

(f) The Northern Territory

(g) The Red Sea Region

(h) Kassala region

(i) Khartoum Region

(j) The Central Region

106- These regions shall establish regional parliaments in accordance with the principles of electing the Federal Parliament.

107- Each regional parliament elects, at its first meeting, headed by the oldest member, the Speaker of Parliament and the Prime Minister of the region.

108- The Council of State appoints the elected regional prime minister and appoints the ministers chosen by the regional prime minister as ministers for that region.

109- The regional parliament is the representative of the region’s population. It approves regional legislation and laws, approves the region’s budget and development plan, and monitors and holds the regional government accountable by giving it confidence or withholding it from it.

Chapter Four

Distribution of powers

Federal authorities

110- The federal authorities shall have the following powers:

(a) International borders, waters and airspace.

(b) Drawing the boundaries of regions

(d) Nationality, passports, immigration and foreigners’ affairs.

(e) Foreign relations

(f) Organize general elections for federal, regional and local constitutional institutions

(g) The judiciary, the legal profession, and the justice systems.

(h) Currency, financial, monetary, credit and banking policies.

(i) Specifications, standards, weights, measures, and times.

(j) Foreign trade and customs.

(k) Laws regulating professions, crafts and specializations.

(l) Higher and university education, both technical and academic.

(m) Federal lands and natural resources, mineral and petroleum resources, natural resources on the surface and subsurface of the Earth, and wealth in Sudanese territorial waters and in the deep sea.

(n) Transiting waters, lakes and rivers.

(o) National electricity and energy projects and their transmission networks.

(p) National projects, bodies and companies.

(q) Federal air transport, land, sea and river transit routes, air and land ports, and federal ferry transportation and communications.

(r) Antiquities, archaeological areas, national documents, and national artistic, cultural, and heritage works in accordance with what is specified by law.

(s) Combating epidemics and natural disasters.

(t) National economic development plans.

(u) The general budget of the Union, the financial resources of the Union, and the allocation of their expenditure.

Regional authorities

111- The regional authorities shall have the following powers:

(a) Managing the region and maintaining security and order.

(b) Trade and supply.

(d) Land, regional natural resources, livestock and forests.

(e) Regional non-transient water and electric power.

(f) General education.

(g) Preventive health and primary health services.

(h) Roads and means of transport, communication and regional communications.

(i) Regional media and culture including museums, cinemas and theatres.

(j) Public parks and entertainment places.

(k) Sports.

(l) Registration of births, deaths and marriage documents.

Chapter Five

Division of resources

112- The people of Sudan are the owners of the natural wealth in the lands, air and waters of the Republic of Sudan.

113- Without prejudice to the above article, resources in Sudan are divided on the following basis between the federal government and the regional governments:

First: Tax resources:

The federal authorities shall have a share of 60% of all tax revenues in Sudan, and each region shall have a share of 40% of the tax revenues generated within the region.

Second: Profits of public institutions, projects and government companies:

Each of the federal and regional authorities shall have 40% of the revenue from the profits of federal institutions, projects and government companies, and the remaining 20% of the profits shall be allocated to institutions, projects and companies with the aim of developing them and increasing their capital.

Third: Revenues from the exploitation of natural resources such as oil, gas, minerals, mines and quarries:

The federal and regional authorities each have 40% of the revenues, and the remaining 20% is allocated to developing investments and increasing capital.

114- The federal authorities may allocate resources from their share to support the least developed regions.

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