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Environment in Sudan at a Glance
2014-02-02 00:00:00

Environment in Sudan at a Glance

Sudan’s Ministry of Foreign paid attention to the environmental issues at all levels locally, regionally and internationally such serious consideration reflected in the establishment of specialized Department for the environmental affair. The challenges of the environment and its impacts are serious, and increasingly complex.Sudan believes that the environmental issues should be treated through concerted efforts of the international community to save our planet and ensure benefits for current and future generations.A new concept has emerged linking closely the climate change impacts and the ،...

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     Rural Woman Empowerment and her Role in Poverty Reduction  Promotion and Present Challenge
2014-02-03 00:00:00

Rural Woman Empowerment and her Role in Poverty Reduction Promotion and Present Challenge

Background: Sudan  enjoys  a  strategic  location  in  the  center  of  the  African  continent.  It  shares geographical Location with seven countries of North, East, West and central Africa with total land area of 1,882,000 million km square  (250 million hectare). Current  estimates  put  the  population  at  excess  of  30,419,625  million  (North  Sudan)  , female 14.796  million  with  annual  growth  rate  estimated  at ،...

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Women Empowerment   Policy
2014-02-03 00:00:00

Women Empowerment Policy

Introducti          In the context of the aspirations of the Sudan, in light of current processes of  transformation  currently  underway  in the  Sudan,  and  in consideration  the  significant  contribution  to  the  social  and  economic development  of  the  Sudan  by  Sudanese  women  in  recent  decades; there is a better understanding of the concept of empowering women within  a  framework  of  realizing ،...

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Two Areas
2014-02-04 00:00:00

Two Areas

   A Tale of Two States The Agreement on South Kordofan and Blue Nile States and the Path of Implementation and the Recent Security DevelopmentsThis paper aims to clarify and illustrate the situation of Southern Kordofan and Blue Nile states in the Comprehensive Peace Agreement, from its inclusion in the agreement up to the current situation. We have summarized the agreement in the points below. The entire agreement is published and available for those who wish to obtain further details. Important points in the Agreement- Negotiations with the SPLM covered the two states, although th،...

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Abyei
2014-02-05 00:00:00

Abyei

Protocol between the Government of Sudan and SPLM/A on the Resolution of Abyei ConflictAbyei Area Referendum ACT 2009How the Abyei experts exceeded their mandate Arbitration Agreement between The Government of Sudan and The Sudan People’s Liberation Movement on Delimiting Abyei Area Agreement Of Temporary Arrangements For Administration And Security Of The Abyie Area.Agreement Between The Government of Sudan And The UN Concerning The Status of The UNISFA . AUHIP Proposals Towards a Resolution of The Issue of AbyeiAUHIP TFA Proposal Final Sudan Legal Note 27.12 LASTThe Republic of Sudan ،...

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Home » Important Articles » Sudan Constitution

THE NATIONAL CONSTITUTIONAL REVIEW COMMISSION

    • DRAFTINTERIM NATIONAL CONSTITUTIONOFTHE REPUBLIC OF THE SUDAN2005 PREAMBLEWe the people of the SudanGrateful to Almighty God who has bestowed upon us the wisdom andwill to reach a Comprehensive Peace Agreement that has definitivelyput an end to the longest running conflict in Africa,Having survived the tragic consequences that have characterized thatdebilitating conflict,ِ Mindful of religious, racial, ethnic and cultural diversity in the Sudan,Committed to establish a decentralized multi-party democratic systemof governance in which power shall be peacefully transferred and touphold values of justice, equality, human dignity and equal rights andduties of men and women,Further committed to gearing governance, in the coming phase of ourpolitical    advancement,    towards    the    enhancement    of    economicdevelopment, promotion of social harmony, deepening of religioustolerance and building trust and confidence in the society generally,Committed to the Comprehensive Peace Agreement of January 2005,guided by the 1998 Constitution and the Sudanese constitutionalexperience since independence and other relevant experiences,Cognizant of all conferences and initiatives of inclusive populardialogue and agreements of peace and national reconciliation,particularly the Cairo Agreement signed in June 2005, and prospectsof other peace agreements to end conflicts in the country,Do hereby adopt this Constitution as the supreme law by which theRepublic of the Sudan shall be governed during the Interim Period;and we undertake to respect and protect it.  PART ONETHE STATE, THE CONSTITUTION ANDGUIDING PRINCIPLESCHAPTER 1THE STATE AND THE CONSTITUTION
    • Nature of the State
      1    (1) The Republic of the Sudan is an independent, sovereignState. It is a democratic, decentralized, multi-cultural, multi-lingual, multi-racial, multi-ethnic, and multi-religious countrywhere such diversities co-exist.(2) The State is committed to the respect and promotion ofhuman dignity; and is founded on justice, equality and theadvancement of human rights and fundamental freedomsand assures multi-partism.(3) The Sudan is an all embracing homeland where religionsand cultures are sources of strength, harmony andinspiration.
    • Sovereignty
      2    Sovereignty is vested in the people and shall be exercised by theState in accordance with the provisions of this Constitution andthe law, without prejudice to the autonomy of Southern Sudan andthe states.
    • Supremacy of the Interim National Constitution
      3    The Interim National Constitution shall be the supreme law of theland.    The    Interim    Constitution    of    Southern    Sudan,    stateconstitutions and all laws shall comply with it.
    • Fundamental Bases of the Constitution
      4    This Constitution is predicated upon and guided by the followingprinciples:-(a) the unity of the Sudan is based on the free will of its people,supremacy of the rule of law, decentralized democraticgovernance, accountability, equality, respect and justice,3 (b) religions, beliefs, traditions and customs are the sourceof moral strength and inspiration for the Sudanese people,(c) the cultural and social diversity of the Sudanese people is thefoundation of national cohesion and shall not be used forcausing division,(d) the authority and powers of government emanate from thesovereign will of the people exercised by them throughreferenda and in free, direct and periodic elections conductedthrough universal adult suffrage, using secret ballot.
    • Sources of Legislation
      5 (1)Nationally enacted legislation having effect only in respect of theNorthern states of the Sudan shall have as its sources oflegislation Islamic Sharia and the consensus of the people.(2)    Nationally enacted legislation applicable to Southern Sudanor states of Southern Sudan shall have as its sources oflegislation popular consensus, the values and the customs ofthe people of the Sudan, including their traditions andreligious beliefs, having regard to Sudan’ s diversity.(3)    Where national legislation is currently in operation or is to beenacted and its source is religion or custom, then a state, andsubject to Article 26 (a) herein in the case of Southern Sudan,the majority of whose residents do not practice such religionor customs may:-(a)    either introduce legislation so as to allow practices orestablish institutions, in that state consistent with theirreligion or customs, or(b)    refer the law to the Council of States to be approved bya two-thirds majority of all the representatives or initiatenational    legislation    which    will    provide    for    suchnecessary    alternative    institutions    as    may    beappropriate.
    • Religious Rights
      6 The State shall respect the following religious rights:-(a) worship or assemble in connection with any religion or beliefand to establish and maintain places for these purposes,(b) establish and maintain appropriate charitable or humanitarianinstitutions,4 (c) acquire and possess movable and immovable property andmake, acquire and use the necessary articles and materialsrelated to the rites or customs of a religion or belief,(d) write, issue and disseminate religious publications,(e) teach religion or belief in places suitable for these purposes,(f)    solicit and receive voluntary financial and other contributionsfrom individuals, private and public institutions,(g) train, appoint, elect or designate by succession appropriatereligious leaders called for by the requirements and standardsof any religion or belief,(h) observe days of rest, celebrate holidays and ceremonies inaccordance with the precepts of religious beliefs,(i)    communicate with individuals and communities in matters ofreligion and belief at national and international levels.
    • Citizenship and Nationality
      7    (1) Citizenship shall be the basis for equal rights and duties for allSudanese.(2) Every person born to a Sudanese mother or father shall havean inalienable right to enjoy Sudanese nationality andcitizenship.(3) The law shall regulate citizenship and naturalization; nonaturalized Sudanese shall be deprived of his/her acquiredcitizenship except in accordance with the law.(4) A Sudanese national may acquire the nationality ofanother country as shall be regulated by law.
    • Language
      8    (1)    All    indigenous    languages    of    the    Sudan    are    nationallanguages and shall be respected, developed and promoted.(2)    Arabic is a widely spoken national language in the Sudan.(3)    Arabic, as a major language at the national level andEnglish shall be the official working languages of thenational government and the languages of instruction forhigher education.(4)    In addition to Arabic and English, the legislature of any sub-national level of government may adopt any other nationallanguage as an additional official working language at itslevel.(5)    There shall be no discrimination against the use of either5 >Arabic or English at any level of government or stage of education.
    • National Symbols
      9    The law shall specify the national flag, national emblem, nationalanthem,    public    seal,    medals,    national    festivals    andcommemorations of the State.[CHAPTER IIGUIDING PRINCIPLES AND DIRECTIVES
    • National Economy
      10 (1)    The overarching aims of economic development shall beeradication    of    poverty,    attainment    of    the    MillenniumDevelopment Goals, guaranteeing the equitable distribution ofwealth, redressing imbalances of income and achieving adecent standard of life for all citizens.(2) The State shall develop and manage the national economy inorder to achieve prosperity through policies aimed atincreasing production, creating an efficient and self-relianteconomy and encouraging free market and prohibition ofmonopoly.(3) The State shall enhance regional economic integration.
    • Environment and Natural Resources
      11 (1) The people of the Sudan shall have the right to a clean anddiverse environment; the State and the citizens have the dutyto preserve and promote the country’ s biodiversity.(2) The State shall not pursue any policy, or take or permit anyaction, which may adversely affect the existence of anyspecies of animal or vegetative life, their natural or adoptedhabitat.(3) The State shall promote, through legislation, sustainableutilization of natural resources and best practices with respectto their management.6
    • Social Justice
      12 (1)    The State shall develop policies and strategies to ensuresocial justice among all people of the Sudan, throughensuring    means    of    livelihood    and    opportunities    ofemployment. The State shall also encourage mutualassistance, self-help, co-operation and charity.(2)    No qualified person shall be denied access to a professionor employment on the basis of disability; persons withspecial needs and the elderly shall have the right toparticipate in social, vocational, creative or recreationalactivities.
    • Education, Science, Art and Culture
      13    (1) (a)    The State shall promote education at all levelsall over the Sudan and shall ensure    free andcompulsory education at the primary level and inilliteracy eradication programmes.(b)    Every person or group of persons shall have the right toestablish and maintain private schools and othereducational institutions at all levels in accordance withthe conditions and standards provided by law.(2)    The State shall mobilize public, private and popularresources and capabilities for education and development ofscientific research, especially Research and Development.(3)    The State shall encourage and promote craft and arts andfoster their patronization by government institutions andcitizens.(4)    The State shall recognize the cultural diversity of the countryand shall encourage such diverse cultures to harmoniouslyflourish and find expression, through the media andeducation.(5)    The    State    shall    protect    Sudan’ s    cultural    heritage,monuments and places of national historic or religiousimportance, from destruction, desecration, unlawful removalor illegal export.(6)    The State shall guarantee academic freedom in institutionsof higher education and shall protect the freedom ofscientific research within the ethical parameters of research.7
    • Children, Youth and Sports
      14    (1)    The State shall adopt policies and provide facilities forchild and youth welfare and ensure that they developmorally and physically, and protect them from moral andphysical abuse and abandonment.(2)    The State shall promote sports and empower the youth todevelop their potentials.(3)    The State shall protect and support popular sportsinstitutions and guarantee their independence.
    • Family, Women and Marriage
      15 (1)    The family is the natural and fundamental unit of thesociety and is entitled to the protection of the law; the rightof man and woman to marry and to found a family shall berecognized, according to their respective family laws, andno marriage shall be entered into without the free and fullconsent of its parties.(2)    The State shall protect motherhood and women frominjustice, promote gender equality and the role of womenin family, and empower them in public life.
    • Morals and Public Integrity
      16 (1)    The State shall enact laws to protect the society fromcorruption delinquency and social evils and steer thesociety as a whole towards virtuous social valuesconsistent with religions and cultures of the Sudan.(2)    The State shall enact laws and establish institutions toeliminate corruption, inhibit abuse of power and ensureintegrity in public life.
    • Foreign Policy
      17 Foreign policy of the Sudan shall serve the national interest andshall be conducted independently and transparently with the viewto achieving the following:(a) promotion of international cooperation, specially within theUnited Nations family and other international and regionalorganizations, for the purposes of consolidating universal8 peace, respect for international law, treaty obligations and fostering a just world economic order,(b)    achievement of African and Arab economic integration, eachwithin the ongoing regional plans and fora as well aspromoting African and Arab unity and Afro-Arab cooperationas foreseen in those plans,(c)    enhancement of respect for human rights and fundamentalfreedoms in regional and international fora,(d) promotion of dialogue among civilizations and establishmentof international order based on justice and common humandestiny,(e) enhancement of economic cooperation among countries ofthe South,(f)    non-interference in the affairs of other States, promotion ofgood-neighbourliness    and    mutual    cooperation    with    allneighbours and maintaining amicable and balanced relationswith other countries,(g) combating international and trans-national organized crimeand terrorism.
    • Defence of the Country
      18 Defence of the Country is an honour and a duty of every citizen;the State shall care for the combatants, the afflicted in war, thefamilies of martyrs and those missing in action.
    • Public Health
      19 The State shall promote public health and guarantee equal accessand free primary health care to all citizens.
    • Fiscal Levies
      20 (1) No taxes, fees, tariffs or other fiscal dues, shall belevied saveby law.(2)    Zakat is a duty on Muslims; its collection, expenditure andadministration shall be regulated in the Northern states bylaw.
    • National Reconciliation
      21 he State shall initiate a comprehensive process of nationalreconciliation and healing that shall promote national harmony andpeaceful co-existence among all Sudanese.9
    • Saving
      22 Unless this Constitution otherwise provides, or a duly enacted lawguarantees the rights and liberties described in this Chapter, theprovisions contained in this Chapter are not by themselvesenforceable in a court of law; however, the principles expressedherein are basic to governance and the State is duty-bound to beguided by them, especially in making policies and laws.

      CHAPTER III

    • DUTIES OF THE CITIZEN
      23 (1) It shall be the duty of every Sudanese citizen to pledgeallegiance to the Republic of the Sudan, abide by thisConstitution, respect the institutions created hereunder andsafeguard the territorial integrity of the country.(2) In particular every citizen shall:(a) defend the country and respond to the call fornational service within the terms of this Constitution andthe law,(b) abhor violence, promote harmony, fraternity andtolerance among all people of the Sudan    in order totranscend religious, regional, linguistic, and sectariandivisions,(c) preserve public funds and assets and respect legal andfinancial obligations towards the State,(d) avert and thwart corruption and sabotage,(e) participate fully in the development of the country,(f)    take part in the general elections and referenda asstipulated in this Constitution and the law,(g) abide by law and co-operate with the appropriateagencies in the maintenance of law and order,(h) preserve the natural environment,(i) generally, be guided and informed in his/her actions bythe interests of the nation and the principles enshrined inthis Constitution.10 CHAPTER IV

      THE DECENTRALIZED SYSTEM OF

      GOVERNANCE
    • Levels of Government
      24    The Sudan is a decentralized State, with the following levelsof government: -(a)The national level of government, which shall exerciseauthority with a view to protecting the national sovereigntyand    territorial integrity of the Sudan and promoting thewelfare of its people,(b)    Southern Sudan level of government, which shall exerciseauthority in respect of the people and states in SouthernSudan,(c)    The state level of government, which shall exerciseauthority at the states throughout the Sudan and renderpublic services through the level closest to the people,(d) Local level of government, which shall be throughout theSudan.
    • Devolution of Powers
      25    The    following    principles    shall    guide    the    devolution    anddistribution of powers between all levels of government:-(a)    recognition of the autonomy of the Government ofSouthern Sudan and the states,(b)    affirmation of the need for norms and standards ofgovernance and management at national, Southern Sudanand state levels, that reflect the unity of the country whileasserting the diversity of the Sudanese people,(c)    acknowledgement of the role of the State in the promotionof the welfare of the people and protection of their humanrights and fundamental freedoms,(d)    recognition    of    the    need    for    the    involvement    andparticipation of all Sudanese people, particularly thepeople of Southern Sudan, at all levels of government asan expression of the national unity of the country,(e)    pursuit    of    good    governance    through    democracy,transparency, accountability and the rule of law at all levelsof government to consolidate lasting peace.11
    • Inter-Governmental Linkages
      26    (1) In the administration of the decentralized system of thecountry,    the    following    principles    of    inter-governmentallinkages shall be respected:-(a) the linkage between the national government and thestates    in    Southern    Sudan    shall    be    through    thegovernment of Southern Sudan,(b) in their relationships with each other or with othergovernment organs, all levels of government andparticularly national, Southern Sudan and stategovernments shall observe the following:-(i)    respect each others’  autonomy,(ii) collaborate in the task of governing and assist eachother    in    fulfilling    their    respective    constitutionalobligations.(c) government organs at all levels shall perform theirfunctions and exercise their powers so as:-(i) not to encroach on the powers or functions ofother levels,(ii) not to assume powers or functions conferred uponany other level except as provided for by thisConstitution,(iii) to promote co-operation between all levels ofgovernment,(iv) to promote open communication between all levelsof government,(v) to render assistance and support to other levels ofgovernment,(vi) to advance good co-ordination of governmentalfunctions,(vii) to adhere to procedures of inter-governmentalinteraction,(viii) to promote amicable settlement of disputes beforeattempting litigation,(ix) to respect the status and institutions of other levelsof government.(d) the harmonious and collaborative interaction of thedifferent levels of government shall be within the contextof national unity and for the achievement of a betterquality of life for all,12 (2) Any two or more states may agree on mechanisms or arrangements to enhance inter-state co-ordination and co-operation. 13 PART TWO BILL OF RIGHTS
    • Nature of the Bill of Rights
      27 (1) The Bill of Rights is a covenant among the Sudanese peopleand between them and their governments at every level and acommitment to respect and promote human rights andfundamental freedoms enshrined in this Constitution; it is thecornerstone of social justice, equality and democracy in theSudan.(2) The State shall protect, promote, guarantee and implementthis Bill.(3) All rights and freedoms enshrined in international human rightstreaties, covenants and instruments ratified by the Republic ofthe Sudan shall be an integral part of this Bill.(4) Legislation shall regulate the rights and freedoms enshrined inthis Bill and shall not detract from or derogate any of theserights.
    • Life and Human Dignity
      28. Every human being has the inherent right to life, dignity and theintegrity of his/her person, which shall be protected by law; no oneshall arbitrarily be deprived of his/her life.
    • Personal Liberty
      29. Every person has the right to liberty and security of person; noperson shall be subjected to arrest, detention, deprivation orrestriction of his/her liberty except for reasons and in accordancewith procedures prescribed by law..
    • Sanctity from Slavery and Forced Labour
      30    (1) Slavery and slave trade in every form is prohibited. No personshall be held in slavery or servitude.(2)    No person shall be required to perform forced or compulsorylabour except as a penalty upon conviction by a competentcourt of law.14
    • Equality before the Law
      31 All persons are equal before the law and are entitled withoutdiscrimination, as to race, colour, sex, language, religiouscreed, political opinion, or ethnic origin, to the equalprotection of the law.Rights of Women and Children32 (1) The State shall guarantee equal right of men andwomen to the enjoyment of all civil, political, social, culturaland economic rights, including the right to equal pay for equalwork and other related benefits.(2) The State shall promote woman rights through affirmativeaction.(3) The State shall combat harmful customs and traditions whichundermine the dignity and the status of women.(4) The State shall provide maternity and child care and medicalcare for pregnant women.(5) The State shall protect the rights of the child as provided inthe international and regional conventions ratified by theSudan.Sanctity from Torture33    No person shall be subjected to torture or to cruel, inhuman ordegrading treatment.Fair Trial34    (1)    An accused is presumed to be innocent until his/her guilt isproved according to the law.(2)    Every person who is arrested shall be informed, at the timeof arrest, of the reasons for    his/her arrest and shall bepromptly informed of any charges against him/her .(3)    In all civil and criminal proceedings, every person shall beentitled to a fair and public hearing by an ordinarycompetent court of law in accordance with proceduresprescribed by law.15 (4)    No person shall be charged of any act or omission which did not constitute an offence at the time of its commission.(5)    Any person shall be entitled to be tried in his/her presencein any criminal charge without undue delay; the law shallregulate trial in absentia.(6)    Any accused person has the right to defend himself/herselfin person or through a lawyer of his/her own choice and tohave legal aid assigned to him/her by the State wherehe/she is unable to defend himself/herself in seriousoffences.
    • Right to Litigation
      35    The right to litigation shall be guaranteed for all persons; noperson shall be denied the right to resort to justice.
    • Restriction on Death Penalty
      36 (1)    No death penalty shall be imposed, save as retribution,hudud or punishment for extremely serious offences inaccordance with the law.(2)    The death penalty shall not be imposed on a person underthe age of eighteen or a person who has attained the age ofseventy except in cases of retribution or hudud.(3)    No death penalty shall be executed upon pregnant orlactating women, save after two years of lactation.
    • Privacy
      37 The privacy of all persons shall be inviolable; no person shall besubjected to interference with his/her private life, family, homeor correspondence, save in accordance with the law.
    • Freedom of Creed and Worship
      38    Every person shall have the right to the freedom of religiouscreed and worship, and to declare his/her religion or creed andmanifest the same, by way of worship, education, practice orperformance of rites or ceremonies, subject to requirements oflaw and public order; no person shall be coerced to adopt such16 faith, that he/she does not believe in, nor to practice rites or services to which he/she does not voluntarily consent.
    • Freedom of Expression and Media
      39    (1) Every citizen shall have an unrestricted right to the freedom ofexpression, reception and dissemination of information,publication, and access to the press without prejudice toorder, safety or public morals as determined by law.(2) The State shall guarantee the freedom of the press and othermedia as shall be regulated by law in a democratic society.(3) All media shall abide by professional ethics, shall refrain frominciting religious, ethnic, racial or cultural hatred and shall notagitate for violence or war.
    • Freedom of Assembly and Association
      40    (1) The right to peaceful assembly shall be guaranteed; everyperson shall have the right to freedom of association withothers, including the right to form or join political parties,associations and trade or professional unions for theprotection of his/her interests.(2)    Formation and registration of political parties, associationsand trade unions shall be regulated by law as is necessaryin a democratic society.(3)    No association shall function as a political party atnational, Southern Sudan or state level unless it has:-(a) its membership open to any Sudanese irrespective ofreligion, ethnic origin or place of birth,(b) a programme that does not contradict the provisionsof this Constitution,(c) democratically elected leadership and institutions,(d) disclosed and transparent sources of funding.
    • Right to Vote
      41    (1)    Every citizen shall have the right to take part in the conductof public affairs, through voting as shall be regulated by law.(2) Every citizen who has attained the age specified by thisConstitution or the law, shall have the right to elect and beelected in periodic elections, through universal adult17 suffrage in secret ballot, which shall guarantee the free expression of the will of the electorate.
    • Freedom of Movement and Residence
      42    (1) Every citizen shall have the right to freedom of movement andthe liberty to choose his/her residence except for reasons ofpublic health and safety as shall be regulated by law.(2) Every citizen shall have the right to leave the country as shallbe regulated by law and shall have the right of return.
    • Right to Own Property
      43    (1) Every citizen shall have the right to acquire or own propertyas regulated by law.(2) No private property may be expropriated save by law in thepublic interest and in consideration for prompt and faircompensation. No private property shall be confiscated saveby an order of a court of law.
    • Right to Education
      44    (1)    Education is a right for every citizen and the State shallprovide access to education without discrimination as toreligion, race, ethnicity, gender or disability.(2)    Primary education is compulsory and the State shallprovide it free.
    • Rights of Persons with Special Needs and the Elderly
      45 (1)    The State shall guarantee to persons with special needs theenjoyment of all the rights and freedoms set out in thisConstitution; especially respect for their human dignity,access    to    suitable    education,    employment    and    fullparticipation in society.(2)    The elderly shall have the right to the respect of their dignity.The State shall provide them with the necessary care andmedical services as shall be regulated by law.18
    • Public Health Care
      46 The State shall promote public health, establish, rehabilitate,develop basic medical and diagnostic institutions, provide freeprimary health care and emergency services for all citizens.
    • Ethnic and Cultural Communities
      47 Ethnic and cultural communities shall have the right to freely enjoyand    develop    their    particular    cultures;    members    of    suchcommunities shall have the right to practice their beliefs, use theirlanguages, observe their religions and raise their children withinthe framework of their respective cultures and customs.Sanctity of Rights and Freedoms48 Subject to Article 211 herein, no derogation from the rights andfreedoms enshrined in this Bill shall be made. The Bill of Rightsshall be upheld, protected and applied by the Constitutional Courtand other competent courts; the Human Rights Commission shallmonitor its application in the State pursuant to Article 142 herein. 19 PART THREETHE NATIONAL EXECUTIVECHAPTER ITHE NATIONAL EXECUTIVE AND ITS POWERS
    • Composition of the National Executive
      49. The National Executive shall consist of the Presidency of theRepublic and the National Council of Ministers.Powers of the National Executive50. The National Executive shall exercise the executive powers inSchedules A and D, read together with Schedules E and F hereinand the competences conferred upon it by this Constitution.CHAPTER IITHE PRESIDENCY OF THE REPUBLIC
    • Composition of the Presidency
      51    (1) The Presidency of the Republic shall consist of thePresident of the Republic and two Vice Presidents.(2) There shall be partnership and collegial decision-makingwithin the Presidency in order to safeguard stability in thecountry    and    implement    the    Comprehensive    PeaceAgreement.
    • The President of The Republic
      52 There shall be a President for the Republic of the Sudan to bedirectly elected by the people in national elections according to thelaw and the regulations set by the National Elections Commission.
    • Eligibility for the President of the Republic
      53    A candidate for the office of the President of the Republic shall:-(a)    be a Sudanese by birth,20 (b)    be of sound mind,(c)    be at least forty years of age,(d)    be literate ,(e)    not have been convicted of an offence involving honesty ormoral turpitude.
    • Nomination and Election of the President of the Republic
      54    (1) Any eligible voter may nominate whoever he/she deems fit forthe office of the President of the Republic; however, thePresidential candidate shall be seconded by a number ofeligible voters as specified by law.(2) The Presidential candidate who wins more than fifty percentof the total votes of the polling electorate shall be thePresident elect.(3) Where the percentage mentioned in sub-Article (2) above isnot attained, there shall be a run-off election between the twopresidential candidates who have obtained the highestnumber of votes.
    • Postponement of Elections of the President
      55 (1) Where election of the President of the Republic is notpossible for any reason, as shall be decided by the NationalElections Commission according to the election law, theNational Elections Commission shall fix a new date for theelections as soon as practicable, but not later than sixty daysfrom the scheduled election date.(2) Pending    the    holding    of    the    postponed    elections,    theincumbent President of the Republic shall continue as acaretaker President; and his tenure shall be extended untilthe President elect takes the oath of office.
    • Oath of the President
      56 To assume office, the President of the Republic elect shall takethe following oath before the National Legislature:-“ I……….………….swear by Almighty God, that as the Presidentof the Republic of the Sudan, I shall be faithful and bear trueallegiance to the Republic of the Sudan and shall diligently andhonestly    discharge    my    duties    and    responsibilities    in    a21 consultative manner to foster the welfare and development of thenation; that I shall obey, preserve and defend the Constitutionand abide by the laws of the Republic; and shall protect thesovereignty of the country, promote its unity, consolidate thedemocratic decentralized system of government and preservethe integrity and dignity of the people of the Sudan; and God ismy witness ”.
    • Tenure of Office of the President of the Republic
      57 The tenure of office of the President of the Republic shall be fiveyears, commencing from the date of assumption of office, and thesame President may be re-elected for one more term only.
    • Functions of the President of the Republic
      58    (1) The President of the Republic is the Head of the State andGovernment and represents the will of the people and theauthority of the State; he/she shall exercise the powersvested    in    him/her    by    this    Constitution    and    theComprehensive    Peace    Agreement    and    shall,    withoutprejudice to the generality of the foregoing, perform thefollowing functions:-(a) preserve the security of the country and protect itsintegrity,(b) supervise the executive constitutional institutions andprovide exemplary leadership in public affairs,(c) appoint holders of constitutional and judicial posts inaccordance with the provisions of this Constitution andthe law,(d) preside over the National Council of Ministers,(e) summon, adjourn or prorogue the National Legislature,(f)    declare war in accordance with this Constitution and thelaw,(g) declare and terminate the state of emergency inaccordance with the provisions of this Constitution andthe law,(h) initiate constitutional amendments and legislations andassent to laws,(i)    approve death sentences, grant pardon, lift convictionsand remit penalties according to this Constitution and thenational law,22 (j)    represent the State in its foreign relations, appointambassadors of the State and accept credentials offoreign ambassadors,(k) direct and supervise the foreign policy of the State andratify treaties and international agreements with theapproval of the National Legislature,(l)    seek the opinion of the Constitutional Court on anymatter in connection with the Constitution,(m) any other functions as may be prescribed by thisConstitution or the law.(2) Notwithstanding sub-Article (1) above, the President of theRepublic shall, in respect of the following matters, takedecisions with the consent of the First Vice President:-(a) declaration and termination of a state of emergency,(b) declaration of war,(c) appointments that the President of the Republic isrequired to make according to Appendix B1 of theComprehensive Peace Agreement,(d) summoning, adjourning or proroguing the NationalLegislature.
    • Vacancy of the Office of the President of the Republic
      59 The Office of the President of the Republic shall fall vacant in anyof the following cases:-(a)    expiry of his/her tenure of office,(b)    death,(c)    mental infirmity or physical incapacity as determined by aresolution of the National Legislature adopted by a three-quarters majority of all members,(d)    impeachment in accordance with the provisions of thisConstitution,(e)    submission of his/her resignation to the National Legislature.Immunity and Impeachment of the President and the First Vice
    • President
      60    (1) The President of the Republic and the First Vice Presidentshall be immune from any legal proceedings and shall not becharged or sued in any court of law during their tenure ofoffice.23 (2) Notwithstanding sub-Article (1) above, and in case of hightreason,    gross    violation    of    this    Constitution    or    grossmisconduct in relation to State affairs, the President or theFirst Vice President may be charged before the ConstitutionalCourt upon a resolution passed by three quarters of allmembers of the National Legislature.(3) In the event of conviction of the President of the Republic orthe First Vice President, in accordance with sub-Article (2)above, he/she shall be deemed to have forfeited his/heroffice.
    • Contesting Acts of the President or the Presidency
      61    Any person aggrieved by an act of the President of the Republicor the Presidency may contest such act:-(a) before the Constitutional Court, if the alleged act involves aviolation of this Constitution, the Bill of Rights, thedecentralized system of government, or the ComprehensivePeace Agreement,(b) before a competent court of law, if the allegation is based onother legal grounds.
    • The two Vice President, Assistants and Advisors
      62    (1) The elected President of the Republic shall appoint two VicePresident, one from Southern Sudan and the other fromNorthern Sudan. If the elected President is from the North,the position of the First Vice President shall be filled by theperson who has been elected to the post of President ofGovernment of Southern Sudan, as the President’s appointeeto the said position. In the event that a person from the Southwins the Presidential elections, the elected President shallappoint the First Vice President from the North upon therecommendation of the party that won the highest number ofnorthern seats in the National Assembly.(2) The two Vice Presidents shall satisfy the same conditionsrequired for the office of the President of the Republic.(3) The President of the Republic may appoint assistants andadvisors and define their functions and seniorities.(4) To assume their respective offices, the two Vice Presidents,assistants and advisors shall take before the President of theRepublic the same oath taken by the President.24
    • Functions of the two Vice President
      63    (1) The First Vice President shall have the following functions:-(a) act in the absence of the President of the Republic inaccordance with the provisions of this Constitution,(b) membership of the National Council of Ministers,(c) membership of the National Security Council,(d) membership of the Presidential Council in the pre-election period,(e) chairmanship of the Presidential Council in the postelection period in the event of the office of the Presidentfalling vacant,(f)    any other function or duty that may be assigned tohim/her by the President of the Republic.(2) The Vice President shall have the following functions:-(a) act in the absence of the President of the Republic andthe First Vice President in accordance with the provisionsof this Constitution,(b) membership of the National Council of Ministers,(c) membership    of    the    Presidential    Council    andCommander-in-Chief of Sudan Armed Forces should theoffice of the President of the Republic fall vacantaccording to Articles 65 and 66 herein,(d) membership of the National Security Council,(e) any other function or duty that may be assigned tohim/her by the President taking into account thehierarchy within the Presidency.
    • Vacancy of the Office of the First Vice President
      64. Should the office of the First Vice President fall vacant, thePresident of the Republic shall appoint a new First Vice Presidentin accordance with this Constitution.  25 CHAPTER IIIINTERIM PROVISIONS FORTHE PRESIDENCY OF THE REPUBLIC
    • The Incumbent President and the First Vice President
      65. Prior to the elections that shall be held during the interim period:-(a) the incumbent President of the Republic, or his successor,shall be the President and Commander-in-Chief of the SudanArmed Forces in accordance with this Constitution,(b) the Chairman of the Sudan People’ s Liberation Movement, orhis successor, shall be the First Vice President and shall atthe same time be the President of Government of SouthernSudan and Commander-in-Chief of the Sudan People’ sLiberation Army in accordance with this constitution.
    • Vacancy of the Office of the President before Elections
      66. Should the Office of the President of the Republic fall vacantbefore the elections:-(a) the functions of the President of the Republic shall beassumed by a Presidential Council comprising the Speaker ofthe National Assembly and the two Vice Presidents,(b) the Speaker of the National Assembly shall be chairperson tothe Presidential Council,(c) the Presidential Council shall take its decisions by consensus,(d) the Vice President shall be Commander-in-Chief of the SudanArmed Forces,(e) notwithstanding Article 52 above or any other provision in thisConstitution, the Office of the President shall be filled by thenominee of the National Congress Party within two weeks ofthe date of the occurrence of such vacancy.
    • Vacancy of the Office of the President after Elections
      67. Should the office of the President of the Republic fall vacant afterthe elections:-26 (a) the functions of the President of the Republic shall beassumed by the Presidential Council referred to in Article 66(a) above,(b) the First Vice President shall be the chairperson of thePresidential Council,(c) the Presidential Council shall take its decisions by consensus,(d) the First Vice President or the Vice President, whoever ofthem is from the North, shall be the Commander-in-Chief ofthe Sudan Armed Forces,(e) the Post of the President of the Republic shall be filledthrough elections that shall be conducted within sixty days inaccordance with Article 52 of this Constitution.
    • Vacancy of the Office of the First Vice President before Elections
      68 Should the office of the First Vice President fall vacant prior toelections, it shall be filled by the nominee of the Sudan People’ sLiberation Movement within two weeks of the occurrence of thatvacancy.
    • Interim Provisions for Tenure of Office of the President
    • and the First Vice President
      69 (1) Should the outcome of the referendum on self-determinationconfirm unity, the President of the Republic and the First VicePresident shall complete the tenure of their offices.(2) In the event of a vote for secession by the people of SouthernSudan, the President of the Republic shall continue in office ifhe/her is from the North; however, if the President is from theSouth he/she shall be deemed to have resigned and the FirstVice President shall assume the office of the President of theRepublic to complete the tenure to the next elections.27 CHAPTER IVTHE NATIONAL COUNCIL OF MINISTERS
    • Composition and Competences of the National Council of
    • Ministers
      70 (1) The President of the Republic shall, after consultation withinthe Presidency, appoint the National Council of Ministers.(2) The President of the Republic and the two Vice Presidentsshall be members of the National Council of Ministers.(3) Without prejudice to the powers vested in the President of theRepublic    and    the    Presidency    under    this    Constitution,decisions of the Council of Ministers shall prevail over allother executive decisions.(4) The National Council of Ministers shall be the nationalexecutive authority in the State in accordance with theprovisions of this Constitution and the law; its decisions shallbe adopted by consensus or by simple majority.(5) There shall be national State ministers appointed by thePresident of the Republic, after consultation within thePresidency; they shall assist the national ministers and mayact in their absence.(6) The national State ministers shall take the same oath of officeof the national minister.
    • Oath of the National Minister
      71 The national minister shall, upon his/her appointment, assume thefunctions of his/her office by taking the following oath before thePresident of the Republic:-“I ………..………… having been appointed a national minister,do hereby swear by Almighty God that I will at all times befaithful to the Republic of the Sudan; that I will obey, respect,and uphold the Constitution and abide by all laws of the country,loyally defend its independence, promote its unity and thedemocratic decentralized system of government established bythe Constitution, and to faithfully serve the people and thecountry to the best of my ability; and God is my witness”.28
    • Functions of the National Council of Ministers
      72 The National Council of Ministers shall have the followingfunctions:-(a) planning State policy,(b) implementation of the Comprehensive Peace Agreement,(c) initiation    of    national    legislative    bills,    national    budget,international treaties, bilateral and multilateral agreements,(d) receiving reports about national ministerial performance forreview and action,(e) receiving reports on executive performance of states forpurposes of information and coordination, provided that incase of the states of Southern Sudan, reports shall bereceived through the Government of Southern Sudan,(f)    receiving reports on matters that are concurrent or residualand decides whether it is competent to exercise such powerin accordance with Schedules E and F herein. If it so decides,it shall notify the other levels of government of its intention toexercise such power. In case any other level of governmentobjects thereto, a committee shall be set up by the levelsconcerned to amicably resolve the matter before resorting tothe Constitutional Court,(g) any other functions assigned thereto by the President of theRepublic and the law.
    • Functions of the National Minister
      73 (1) The national minister shall be the head of his/her ministry, andhis/her decisions shall prevail therein. However, the NationalCouncil of Ministers may review such decisions; the Presidentof the Republic may suspend the decision of a nationalminister pending such review.(2) The    national    minister    and    corresponding    ministers    ofGovernment of Southern Sudan and states shall collaborateand establish relations among themselves in fulfilling theirrespective constitutional obligations.(3) Perform any public or political role and provide leadership inpublic affairs to achieve the objectives of national policy.(4) Any other functions or powers assigned by law or delegation.29
    • Collective and Individual Responsibility of National
    • Ministers
      74    (1) The national minister shall be answerable to the President ofthe Republic, the National Council of Ministers and theNational Assembly.(2) The national ministers shall be collectively and individuallyresponsible    before    the    National    Assembly    for    theperformance of the National Council of Ministers.(3) The national minister shall be bound by the decisions of theNational Council of Ministers.
    • Declaration of Wealth and Prohibition of Private
    • Business
      75    (1) All executive and legislative constitutional office holders,Justices, and senior civil service officials shall, uponassumption of their offices, make confidential declarations oftheir assets and liabilities including those of their spouses andchildren in accordance with the law.(2) The President of the Republic, the two Vice Presidents,assistants and advisors, the President of Government ofSouthern Sudan, national ministers, and other constitutionaloffice holders shall, during their tenure of offices, neitherpractice    any    private    profession,    transact    commercialbusiness, nor receive compensation or accept employment ofany    kind    from    any    source    other    than    the    NationalGovernment, the Government of Southern Sudan or a stategovernment as the case may be.
    • Vacancy of the Office of the National Minister
      76 The office of the national minister shall fall vacant in any of thefollowing cases:-(a) acceptance of resignation by the President of the Republic,(b) relief from office by the President of the Republic afterconsultation within the Presidency,(c) death.30
    • Confidentiality of Delib erations of the National Council of
    • Ministers
      77 Deliberations of the National Council of Ministers shall beconfidential; no minister shall disclose, communicate or revealsuch deliberations save by permission of the Council of Ministers.
    • Contesting Minist erial Acts
      78 Any person aggrieved by an act of the National Council ofMinisters or a national minister may contest such act:(a) before the Constitutional Court, if the alleged act involves aviolation    of    this    Constitution,    the    Bill    of    Rights,    thedecentralized system of government, or the ComprehensivePeace Agreement,(b) before the competent authority or court of law if the allegationis based on other legal grounds.CHAPTER VTHE GOVERNMENT OF NATIONAL UNITY
    • Objectives of the Government of National Unity
      79 Prior to the elections and notwithstanding Article 70 (1) of thisConstitution, the President of the Republic, in consultation with theFirst Vice President, shall form a Government of National Unity,which shall implement the Comprehensive Peace Agreement,reflecting the need for inclusiveness, the promotion of nationalunity and the protection of national sovereignty.
    • Allocation of Seats of Government of National Unity
      80 The seats of the Government of National Unity shall be allocatedaccording to the seventy percent to thirty percent North/Southratio, as follows:-(a) the National Congress Party shall be represented by fifty twopercent (forty-nine percent for Northerners and three percentfor Southerners),(b) the    Sudan    People’ s    Liberation    Movement    shall    berepresented by twenty eight percent (twenty-one percent forSoutherners and seven percent for Northerners),(c) other Northern Political forces shall be represented byfourteen percent,31 (d) other Southern Political forces shall be represented by sixpercent.
    • Sharing of National Ministerial Portfolios
      81 Portfolios in the National Council of Ministers, as clustered inAppendix (D) of the Comprehensive Peace Agreement, shall beshared equitably and qualitatively in accordance with theprovisions of Article 80 above.
    • Duties of the Government of National Unity
      82 The Government of National Unity shall undertake the followingduties:-(a) administration    and    functioning    of    the    State    and    theformulation    and    implementation of national policies    inaccordance with the provisions of this Constitution,(b) establishment of a decentralized democratic system ofgovernance taking into account the cultural, ethnic, racial,religious, and linguistic diversity and gender equality,(c) implementation of the Comprehensive Peace Agreement in amanner that makes the unity of the Sudan an attractive optionespecially to the people of Southern Sudan, and pave theway for the exercise of the right of self-determinationaccording to Part Sixteen of this Constitution,(d) implementation of an information campaign throughout theSudan    in    all    national    languages    to    popularize    theComprehensive Peace Agreement, foster national unity,reconciliation and mutual understanding,(e) taking all necessary measures to ensure that peace andstability prevail throughout the country,(f)    devising a comprehensive solution that addresses economicand social problems, replacing conflict not just with peace, butalso with social, political and economic justice and respect thefundamental freedoms and rights of the people of the Sudan,(g) formulation    of    a    repatriation,    relief,    rehabilitation,resettlement, reconstruction and development plan to addressthe needs of the areas affected by the conflict and redress theimbalances in development and resource allocation.32 PART FOURTHE NATIONAL LEGISLATURECHAPTER ICOMPOSITION AND FUNCTIONING OFTHE NATIONAL LEGISLATURE
    • Composition of the National Legislature
      83 (1) There shall be established a National Legislature composedof the following two chambers:-(a) The National Assembly and(b) The Council of States.(2) The National Legislature shall conduct its business asprescribed in this Constitution in joint sittings of the twoChambers, chaired by the Speaker of the National Assemblyand deputized by the Speaker of the Council of States.(3) Vote count shall be separate for each Chamber and governedby the quorum specified in this Constitution.(4) Each Chamber shall sit separately to conduct its business asprescribed in this Constitution.(5) The National Legislature, as well as each of its Chambers,shall make its own internal regulations.
    • Composition of the National Assembly
      84    (1) The National Assembly shall be composed of memberselected in free and fair elections.(2) The National Elections Law shall determine the number ofmembers and composition of the National Assembly.
    • Composition of the Council of States
      85    (1) The    Council    of    States    shall    be    composed    of    tworepresentatives from each state, elected by the statelegislature in accordance with the National Elections Law andregulations set forth by the National Elections Commission.(2) Abyei Area shall have two observers at the Council of States,elected by Abyei Area Council.33
    • Eligibility for Membership of the National Legislature
      86 (1) The candidate for membership of either Chamber of theNational Legislature shall:-(a) be a Sudanese,(b) be at least twenty-one years of age,(c) be of sound mind,(d) be literate,(e) not have been convicted during the previous seven yearsof an offence involving honesty or moral turpitude.(2) Membership of the National Assembly shall not be combinedwith representation at the Council of States.(3) Members    of    Southern    Sudan    Assembly    or    Executive,Governors and members of state legislatures or executives,shall not be eligible for membership of the NationalLegislature while occupying any of the aforementionedpositions.(4) Representation at the Council of States shall not be combinedwith membership of the National Council of Ministers.
    • Lapse of Membership of the National Legislature
      87    (1) Membership of the National Legislature shall lapse by aresolution passed by the appropriate Chamber in any of thefollowing cases:-(a) mental infirmity or physical incapacity,(b) conviction for an offence involving honesty or moralturpitude,(c) absence from one full session of the appropriateChamber without permission or acceptable excuse,(d) announcement of his/her written resignation in theappropriate Chamber,(e) change of political affiliation, identity or party on whichhe/she was elected to the National Assembly,(f)    relief by the appropriate state legislature by a decisionsupported by two-thirds of its members in the case ofrepresentatives at the Council of States,(g) assumption of the office of minister in the Government ofSouthern Sudan, Governor or state minister,(h) death.34 (2) Upon vacation of the seat of a member or representative,his/her successor shall be elected in the appropriate mannerprescribed by this Constitution within a period of ninety days.
    • Seat of the National Legislature
      88    (1) The National Legislature shall convene at the seat of theNational Assembly. However, the two Speakers may agree,for exceptional reasons, to convene a sitting of the NationalLegislature elsewhere.(2) The National Assembly shall convene at its seat inOmdurman; however its Speaker may exceptionally call it toconvene elsewhere.(3) The Council of States shall have its seat in Omdurman,however, it may also hold sessions in the Capital City ofSouthern Sudan or of any state, as may be decided by itsSpeaker or the majority of the representatives.
    • Oath of Member of the National Legislature
      89 To assume his/her functions, every member of the NationalLegislature shall take the following oath before the appropriateChamber:“I……......    ….....having been elected as Member of the NationalAssembly / Representative at the Council of States, do herebyswear by Almighty God that I will bear faith and allegiance to theRepublic of the Sudan and its people; that I will obey and,respect the Constitution of the country and abide by the law; andthat I will faithfully and conscientiously discharge my duties as amember of the National Legislature and serve the people to thebest of my ability; and God is my witness”.
    • Term of the National Legislature
      90 The term of each Chamber of the National Legislature shall be fiveyears commencing from the date of its first sitting.
    • Functions of the National Legislature
      91 (1) The National Legislature represents the will of the people andshall    foster    national    unity,    exercise    national    legislativefunctions, oversee the National Executive, and promote thedecentralized system of government.35 (2) Without prejudice to the generality of sub-Article (1) above, theNational Legislature shall convene for the following purposesto:-(a) amend    this    Constitution    and    approve    amendmentsaffecting the Comprehensive Peace Agreement that arepresented by its signatories in accordance with Article 224of this Constitution,(b) discuss addresses by the President of the Republic,(c) authorize annual allocation of resources and revenues, inaccordance with Article 110 of this Constitution,(d) reconsider a bill which has been rejected by the Presidentof the Republic under Article 108 (2) herein,(e) promulgate the Southern Sudan Referendum Act providedfor in Article 220 (1) herein,(f)    approve declaration of war,(g) confirm declaration of state of emergency or terminationthereof,(h) impeach the President of the Republic or the First VicePresident,(i)    perform any other function determined by this Constitutionor law.(3) The National Assembly shall be competent to:(a) assume legislation in all national powers, subject to sub-Article (5) (b),(b) approve plans, programmes and policies relating to theState and society,(c) approve the annual national budget,(d) ratify international treaties, conventions and agreements,(e) oversee the performance of the National Executive,(f)    adopt resolutions on matters of public concern,(g) summon national ministers to present reports on theexecutive performance of the government in general or ofspecified ministries or particular activities,(h) interrogate,    at    will,    national    ministers    about    theirperformance or the performance of their ministries andmay recommend to the President of the Republic, in asubsequent sitting, the removal of a national minister, ifhe/she is deemed to have lost the confidence of theNational Assembly.(4) The Council of States shall be competent to:(a) initiate    legislations    on    the    decentralized    system    ofgovernment and other issues of interest to the states and36 pass such legislations with two-thirds majority of allrepresentatives,(b) issue resolutions and directives that may guide all levels ofgovernment in accordance with the provisions of Articles24, 25 and 26 of this Constitution,(c) approve by two-thirds majority of all representatives, theappointment of the Justices of the Constitutional Court,(d) approve, by    a two-thirds majority, national legislationreferred to in Article 5 (3) (a) of this Constitution or initiatenational legislation which will provide for such necessaryalternative institutions, according to Article 5 (3) (b) of thisConstitution, as appropriate,(e) supervise the National Reconstruction and DevelopmentFund,(f)    decide on objections by states referred to it by the NationalPetroleum Commission according to the provisions ofArticle 191 (4) (d) of this Constitution,(g) request statements from national ministers concernedregarding effective implementation of the decentralizedsystem and devolution of powers.(5) While sitting separately to transact business that falls within itscompetence, each Chamber shall observe the following rules:-(a) any bill on a matter falling within the competence of eitherChamber, shall be tabled in that Chamber,(b) a bill passed by the National Assembly shall be referred toa standing Inter-Chamber Committee for scrutiny anddecision on whether it affects the interests of the states.Should the Committee decide that the bill affects theinterest of the states, the bill shall be referred to theCouncil of States,(c) should the Council of States introduce any amendments inthe    referred    bill,    by    a    two-thirds    majority    of    therepresentatives or pass it as is, the bill shall be sent to thePresident of the Republic for his/her assent without beingreturned to the National Assembly,(d)    no Chamber shall discuss any business of which the otherChamber is seized, until it is finally referred to it.
    • Immunity of Members of the National Legislature
      92    (1) Except where he/she is caught in the act of crime, no criminalproceedings shall be initiated against a member of the National37 Legislature; neither shall any measure be taken against his/herperson or belongings without permission from the Speaker ofthe appropriate Chamber.(2) In case the member or representative is charged with a seriouscrime the appropriate Chamber may waive the immunity of theaccused member or representative.
    • Sessions of the National Legislature
      93 (1) Each Chamber of the National Legislature shall hold its firstsitting upon convocation by the President of the Republic withinthirty days following the official declaration of the results of theelections. The first sitting shall be chaired by the eldest of themembers/ representatives present.(2) Without prejudice to Article 58(2) (d), each Chamber shalldetermine the commencement and closure dates of itssessions.(3) Either Chamber may convene an emergency or extraordinarysession    on    the    request    of    half    of    its    members    orrepresentatives or upon call from the President of the Republic.
    • Officers of the National Legislature
      94 (1) Each Chamber shall have a Speaker and Deputy Speakers tobe elected from among its members at the first sitting.(2) The Speaker shall preside over sittings of his/her Chamber,control order and supervise the administrative affairs thereof.He/she shall represent the Chamber inside and outside theSudan.(3) Each Chamber of the National Legislature shall elect itsleaders, chairpersons and members of the specializedcommittees and any other committee as may be determinedby the internal regulations.(4) The Speaker shall, upon approval of his/her Chamber,appoint a Secretary General for the Chamber; who shall notbe a member or a representative. The Secretary Generalshall be responsible for preparing the sessions of theChamber and running its administrative affairs under thesupervision of the Speaker.(5) The National Assembly may consider broad inclusiveness inthe apportionment of its positions.38
    • Committees of the National Legislature
      95 (1) Each Chamber, in accordance with its internal regulations,shall have standing specialized committees and ad hoccommittees.(2) The two Chambers may form inter-chamber standing or ad hoccommittees for specific matters that are of concern to the twoChambers.
    • Regulations of the National Legislature
      96 (1)    Each Chamber of the National Legislature shall, on theinitiative of its Speaker, make regulations for the conduct ofits business.(2) The National Legislature shall make internal regulations on
    • the initiative of the Speakers of the two Chambers.
    • Quorum
      97 (1) The ordinary quorum for the sittings of the National Assemblyshall be more than half of the members; however, internalregulations may provide for a reduced quorum that may notapply for the final presentation of bills.(2) The quorum for the sittings of the Council of States shall bemore than half of the representatives.
    • Publicity of Sittings of the National Legislature
      98 The sittings of the National Legislature and either of the twoChambers shall be open to the public; their proceedings shall bepublished and may also be broadcast. However, the NationalLegislature or either Chamber, may decide according to itsinternal regulations that certain deliberations take place in camera.
    • Passing Legislative Resolutions
      99 Resolutions of the National Legislature and either Chamber shall,whenever possible, be taken by unanimity or consensus.Alternatively, resolutions shall be passed by simple majority ofthose present, save in cases where this Constitution providesotherwise.39
    • Prerogative of Members of the National Legislature
      100. Members of the National Legislature shall freely and responsiblyexpress their opinions, subject only to the provisions of theregulations of the appropriate Chamber. No legal proceedingsshall be initiated against any member, nor shall he/she beaccountable before any court of law only by reason of views oropinions that he/she may have expressed in the course ofperforming his/her duties.
    • Address by the President of the Republic
      101. The President of the Republic may personally or by a messageaddress the National Legislature or any of its Chambers. TheNational Legislature shall accord priority to such request overany other business. The President of the Republic may alsorequest the opinion of the National Legislature on any subject.
    • Addresses by the Two Vice Presidents and Statements
    • by National Ministers and Governors
      102    (1) Any of the two Vice President of the Republic or thePresident of the Government of Southern Sudan mayrequest    to    address    either    Chamber    of    the NationalLegislature. The concerned Chamber shall provide anopportunity for hearing such address as promptly aspossible.(2) A national minister may request to deliver a statementbefore either Chamber of the National Legislature, whereasa Governor may request to make a statement before theCouncil of States.
    • Addressing Questions by Members of the National
    • Legislature
      103    Members of the National Legislature may, in either Chamber,within the competence of that Chamber and subject to itsregulations, address questions to a national minister on anysubject relating to his/her duties; the said minister shall providethe appropriate Chamber with a prompt reply.40
    • Requesting Statements
      104    Subject to the regulations of the concerned Chamber, eitherChamber of the National Legislature or any of its committeesmay request a national minister to deliver a statement on anymatter of concern.
    • General Summons
      105    (1) The National Assembly or any of its committees maysummon any public official or any person, other than thePresident of the Republic and the two Vice President totestify before it, give opinion to the Assembly or any of itscommittees.(2) Inquiry on any matter that falls within the direct responsibilityof the National Executive may only be made after notifyingthe President of the Republic.
    • Tabling of Bills
      106 (1) The President of the Republic, the Presidency, the NationalCouncil of Ministers, a national minister or a committee of theNational Legislature may table a bill before either Chamber ofthe    National    Legislature    subject    to    their    respectivecompetences.(2) A member of the National Legislature may table a private billbefore the Chamber to which he/she belongs on a matter thatfalls within the competence of that Chamber.(3) A private member bill shall not be tabled before theappropriate Chamber save after being referred to theconcerned committee to determine whether it involves anissue of important public interest.
    • Procedures for Presentation and Consideration of Bills
      107 (1) Bills presented to either Chamber of the National Legislatureshall be submitted for the first reading by being cited by titleand thereby deemed to be tabled with the appropriateChamber. The bill shall then be submitted for a secondreading for general deliberation and approval in principle.Should the bill be passed in the second reading, there shallbe a third reading for deliberation in detail and introduction of,41 and decision upon, any amendment. The bill shall then besubmitted in its final form for the final reading, at which stagethe text of the bill shall not be subject to further discussionand shall be passed section by section and then passed as awhole.(2) After the first reading, the Speaker shall refer the bill to theappropriate committee which shall make a general evaluationreport for the purpose of the second reading. The committeeshall also present a report on the amendments that thecommittee might or might not have endorsed in the thirdreading; the Speaker may also refer the bill once again to theappropriate committee to prepare a report on the final draftingin preparation for the final reading.(3) The Speaker or the appropriate committee, may seek expertopinion on the viability and rationale of the bill; an interestedbody may also be invited to present views on the impact andpropriety of the bill.(4) The Chamber may by a special resolution, decide on any billas a general committee or by summary proceedings.
    • Assent of the President of the Republic
      108 (1) Any bill approved by the National Legislature shall notbecome law unless the President of the Republic assents to itand signs it into law. If the President withholds assent forthirty days without giving reasons, the bill shall be deemed tohave been so signed.(2) Should the President of the Republic withhold assent to thebill and give reasons within the aforementioned thirty days,the bill shall be re-introduced to the National Legislature toconsider the observations of the President of the Republic.(3) The bill shall become law if the National Legislature againpasses it by a two-thirds majority of all the members andrepresentatives of the two Chambers; the assent of thePresident of the Republic shall not be required for that bill tocome into force.
    • Provisional Orders
      109 (1) Should    the National Legislature not be in session, thePresident of the Republic may, on an urgent matter, issue aprovisional order having the force of law; however, such42 provisional order shall be submitted to the appropriateChamber of the National Legislature as soon as it isconvened. Where    the National Legislature ratifies    theprovisional order as it is, it shall be promulgated as law, butwhere the same is rejected by either Chamber or where theparliamentary session ends without it being ratified, theprovisional order shall lapse with no retrospective effect.(2) Notwithstanding sub-Article (1) above, the President of theRepublic shall not make any provisional order on mattersaffecting the Comprehensive Peace Agreement, the Bill ofRights, the decentralized system of government, generalelections,    annual allocation of resources and financialrevenues, penal legislations,    international conventions oragreements altering the borders of the State.(3) Every law which was repealed or amended pursuant to aprovisional order that later lapsed, shall revive into force as itis, starting from the date when the provisional order lapsed.(2) The National Assembly may delegate to the President of theRepublic the power to ratify international conventions andagreements while the National Assembly is not in session;however, such ratified conventions or agreements shall notbe subject to subsequent ratification by the NationalAssembly and shall be deposited before the NationalAssembly as soon as it is convened.
    • Allocation of Resources and Revenues Bill
      110    The President of the Republic shall cause to be presentedto the National Legislature, before the beginning of the financialyear, a bill of the allocation of resources and revenues inaccordance with the provisions of this Constitution. The NationalLegislature shall convene to approve that bill.
    • National Budget Bill
      111 (1) The President of the Republic shall cause to be presented tothe National Assembly before the beginning of the financialyear the bill on the general budget of the State, including ageneral evaluation of the economic and financial situation ofthe country, detailed estimates of proposed revenues andexpenditure for the forthcoming year compared to those of theprevious financial year, a statement of the general budget,43 any reserve funds, transfers thereto or allocations therefrom,explanations of any special budgets or financial estimates,policies or measures to be taken by the State in the financialand economic affairs within the framework of the generalbudget.(2) The President of the Republic shall cause to be submitted tothe National Assembly proposals of total expenditure enteredinto the budget as an appropriation bill and proposals fortaxes, fees and other levies as well as borrowing, investmentor State saving bonds as financial bills.(3) The National Assembly shall adopt the general budget bill,chapter by chapter including schedules, and it shall adopt thetotal appropriation bill. Where the law is passed, detailedestimates as specified in the general budget shall not beexceeded save by a supplementary law. Surplus funds overrevenue estimates and funds out of the legal reserve shall notalso be spent save by a supplementary appropriation law.
    • Private Member Financial Bills
      112    No member of the National Assembly shall, outside the contextof the deliberations of the draft general budget, present anyprivate financial bill that entails abolition, remittance or alterationof any tax, fee or other public revenue source or appropriationor levy upon public funds other than service fees or pecuniarypenalties.
    • Provisional and Supplementary Financial Measures
      113 (1) Notwithstanding the provisions of Article 109 (2) above, thePresident of the Republic may wherever he/she deems itappropriate for public interests, make a presidential orderhaving the force of law, providing that the imposition of anytax, or fee or the amendment thereof shall come into force,pending submission of a bill requiring the same to theNational Assembly. When that financial bill is adopted orrejected, the force of the presidential order shall ceasewithout the rejection or amendment of the bill havingretrospective effect.(2) Where the procedure of adopting the general budget and theappropriation bill is delayed beyond the beginning of the44 financial year, expenditure shall continue pending adoption ofthe general budget, in accordance with the estimatesapproved for the previous year, as if the same has beenappropriated by law for the new year.(3) Whenever new circumstances occur or a matter of publicconcern proves not to have been satisfactorily addressed bythe general budget, the President may during the financialyear cause to be submitted a financial bill, a supplementaryappropriation or an allocation out of the reserve funds, towhich shall apply the same provisions set out in respect of thegeneral budget bill.
    • Final Accounts
      114    the President of the Republic shall cause to be presented to theNational Assembly during the six months following the end of thefinancial year, final accounts for all revenues and expenditure asare set forth in that year, as well as expenditure withdrawn fromthe reserve funds; the Auditor General shall present his/herreport on such accounts to the National Assembly.
    • Delegation of Powers of Subsidiary Legislation
      115 The National Legislature or any of its Chambers may, by law,delegate to the President of the Republic, the National Council ofMinisters or any public body, the power to make any subsidiaryregulations, rules, orders or any other subsidiary instrumenthaving the force of law; provided that such subsidiary legislationshall be tabled before the concerned Chamber and be subject toadoption or amendment by a resolution of that Chamber inaccordance with the provisions of its regulations.
    • Validity of the Proceedings of the National Legislature
      116. No court or other authority shall call into question the validity ofany proceedings of the National Legislature or any of itsChambers on the basis of violation of its internal regulations. Acertificate duly signed by the appropriate Speaker shall bedeemed to be conclusive evidence of the validity of the saidproceedings.45 CHAPTER IIINTERIM PROVISIONS FOR THENATIONAL LEGISLATURE
    • Composition of National Legislature
    • Prior to Elections
      117 (1) Pending elections, the National Assembly shall be composedof four hundred and fifty members who shall be appointed bythe President of the Republic in consultation with the FirstVice President, according to the seventy percent and thirtypercent north/south ratio, as follows:-(a) The National Congress Party shall be represented by fiftytwo percent (forty nine percent for Northerners and threepercent for Southerners),(b) Sudan    People’ s    Liberation    Movement    shall    berepresented by twenty eight percent (twenty one percentfor Southerners and seven percent for Northerners),(c) Other Northern political forces shall be represented byfourteen percent,(d) Other Southern political forces shall be represented bysix percent.(2) Until the elections are held, the representatives of states atthe Council of States and observers of Abyei Area shall beappointed by the President of the Republic after consultationwithin the Presidency and, in the case of Southern Sudan, onthe recommendation of the President of Government ofSouthern Sudan after consultation with state institutions.
    • Interim Provisions for Tenure of the National Legislature
      118    (1) Should the outcome of the referendum on self-determinationconfirm unity, the National Legislature shall complete itstenure in accordance with the provisions of this Constitution.(2) In the event of a vote for secession by the people of SouthernSudan, the seats of the members and representatives ofSouthern Sudan in the National Legislature shall be deemedto have fallen vacant and the National Legislature, being soreconstituted, shall complete its tenure to the next elections.46 PART FIVETHE NATIONAL JUDICIAL ORGANSCHAPTER ITHE CONSTITUTIONAL COURT
    • Establishment of the Constitutional Court
      119    (1) There shall be established in accordance with the provisionsof this Constitution a Constitutional Court of nine Justices ofsufficient    experience,    proven    competence,    integrity,credibility and impartiality.(2) The Constitutional Court shall be independent of Legislatureand Executive and separate from the National Judiciary; thelaw shall determine its rules of procedure and execution ofits judgements.(3) Subject to Article 121 herein, the President and Justices ofthe Constitutional Court shall be appointed for a term ofseven years, subject to renewal. Their emoluments shall bedetermined by law.(4) The Justices of the Constitutional Court shall perform theirfunctions and apply the law without interference, fear orfavour.
    • Appointment of the President of the Constitutional Court
    • and Vacancy of Office
      120    (1) The President of the Constitutional Court shall be appointedby the President of the Republic with the consent of the First
    • Vice President, from justices approved according to Article
      121(1)    herein.    He/she    shall    be    answerable    to    thePresidency.(2) The office of the President of the Constitutional Court shallfall vacant upon death, resignation or removal.(3) The President of the Constitutional Court shall not beremoved from office except for incapacity or conductincompatible with his/her status and only upon a decision bythe President of the Republic approved by two-thirds of allrepresentatives at the Council of States.47
    • Justices of the Constitutional Court
      121 (1) All Justices of the Constitutional Court shall be appointed bythe President of the Republic in accordance with Article 58 (2)(c) herein and upon the recommendation of the NationalJudicial Service Commission and subject to approval by atwo-thirds majority of all the representatives at the Council ofStates.(2) Southern Sudan shall be adequately represented in theConstitutional Court.(3) A Justice of the Constitutional Court may only be removedupon an order of the President of the Republic on therecommendation of the President of the Constitutional Courtand approved by a two-thirds majority of the representativesof the Council of States.
    • Competence and Jurisdiction of the Constitutional Court
      122    (1) The Constitutional Court shall be the custodian of thisConstitution, the constitutions of southern Sudan and thestates; its decisions shall be final and binding, it shall:-(a) interpret constitutional provisions at the instance of thePresident of the Republic, the National Government,the    Government    of    Southern    Sudan,    any    stategovernment, the National Assembly, or the Council ofStates,(b) have original jurisdiction to decide disputes that ariseunder this Constitution and the constitutions of Northernstates at the instance of government, juridical entities orindividuals,(c) decide on appeals against the decisions of SouthernSudan Supreme Court on the Interim Constitution ofSouthern Sudan and the constitutions of SouthernSudan states,(d) protect human rights and fundamental freedoms,(e) adjudicate on the constitutionality of laws or provisionsin accordance with this Constitution, the InterimConstitution of Southern Sudan or the relevant stateconstitutions,(f)    adjudicate on constitutional disputes between levelsand organs of government, in respect of areas ofexclusive, concurrent or residual competence.48 (2) The Constitutional Court shall have criminal jurisdiction overthe President of the Republic and the First Vice President inaccordance with Article 60 (2) herein, it shall also havecriminal jurisdiction over the Vice President, the Speakers ofthe National Legislature and the Justices of the NationalSupreme Court and Southern Sudan Supreme Court.CHAPTER IITHE NATIONAL JUDICIARY
    • The National Judicial Authority
      123    (1) The National judicial authority in the Republic of theSudan shall be vested in the National Judiciary.(2) The National Judiciary shall be    independent of    theLegislature and the Executive, with the necessary financialand administrative independence.(3) The National Judiciary shall have judicial competence toadjudicate on disputes and render judgments in accordancewith the law.(4) The Chief Justice of the Republic of the Sudan, who is thehead of the National Judiciary and the President of theNational Supreme Court, shall be answerable to thePresident of the Republic for the administration of theNational Judiciary.(5) All organs and institutions of the State shall execute thejudgments and orders of the courts.
    • The Structures of the National Judiciary
      124    The National Judiciary shall be structured as follows:(a) The National Supreme Court,(b) National Courts of Appeal,(c) Other national courts.49
    • The National Supreme Court
      125 (1) The National Supreme Court shall:(a) be a court of cassation and review in respect of anycriminal, civil and administrative matters arising out of, orunder national laws, or personal matters,(b) have criminal jurisdiction over the Justices of theConstitutional Court,(c) review death sentences imposed by any court in respectto matters arising out of, or under national laws,(d) have such other jurisdiction as determined by thisConstitution and the law.(2) The Chief Justice of the Republic of the Sudan may establishpanels for the purposes of considering and deciding onmatters requiring special expertise, including commercial,personal or labour matters.
    • National Courts of Appeal
      126    The number, competences and procedures of National Courts ofAppeal shall be determined by the law.
    • Other National Courts
      127    Other national courts shall be established by law as deemednecessary.
    • Independence of Justices and Judges
      128    (1) All Justices and Judges are independent in the performanceof their duties and have full judicial competence with respectto their functions; and they shall not be influenced in theirjudgments.(2) Justices and Judges shall uphold the Constitution and therule of law and shall administer justice diligently, impartiallyand without fear or favour.(3) Tenure of office of Justices and Judges shall not be affectedby their judgements.50
    • The National Judicial Service Commission
      129 (1) The President of the Republic, after consultation within thePresidency, shall establish a commission to be known as theNational Judicial Service Commission to undertake the overallmanagement of the National Judiciary; its composition andfunctions shall be prescribed by law in accordance with theprovisions of the Comprehensive Peace Agreement.(2) The Chief Justice of the Republic of the Sudan, as the headof the National Judiciary, shall chair the National JudicialService Commission.(3) The National Judicial Service Commission shall regulate therelations between judiciaries at the National, Southern Sudanand states level. In the case of Southern Sudan, theregulation shall be made in consultation with the President ofthe Supreme Court of Southern Sudan.
    • Appointment of Justices, Judges and their Terms and
    • Conditions of Service
      130    (1) Having regard to competence, integrity and credibility, theChief Justice of the Republic of the Sudan,    his/herdeputies, Justices and Judges shall be appointed by thePresident of the Republic in accordance with Article 58 (2)(c) herein, where applicable, and upon the recommendationof the National Judicial Service Commission.(2) The law shall determine the terms of service, discipline andimmunities of Justices and Judges.(3) Southern Sudan shall be adequately represented in theNational Supreme Court and other national courts that aresituated in the National Capital.
    • Discipline of Justices and Judges
      131 (1)    Discipline of Justices and Judges shall be exercised by theChief Justice in accordance with the law.(2)    Justices and Judges may only be removed by an order ofthe President of the Republic for gross misconduct,incompetence and incapacity in accordance with the law51 and upon recommendation of the Chief Justice and withapproval of the National Judicial Service Commission.
    • Appointment of Justices and Judges of Southern Sudan
      132    The President of Government of Southern Sudan shall, withinone week after the adoption of the Interim Constitution ofSouthern Sudan, appoint, without prejudice to Article 130 (1)herein, the President and Justices of Southern Sudan SupremeCourt, Judges of Courts of Appeal and other courts havingregard to competence, integrity, credibility and impartiality asshall be determined by that Constitution and the law52 PART SIXPUBLIC ATTORNEYS AND ADVOCACY
    • Public Attorneys
      133 (1) The public attorneys and the State legal advisors shall beunder the National Minister of Justice to advise the State,represent it in public prosecution, litigation and adjudication,and conduct pre-trial proceedings. They shall recommend lawreform, strive to protect public and private rights, advise onlegal matters and render legal aid.(2) The National Minister of Justice is the chief legal advisor ofthe National Government, he/she shall be the prosecutingauthority at the national level and at the northern states andmay perform any such other functions of legal character asmay be prescribed by law.(3) The State legal advisors shall perform their duties faithfullyand impartially according to this Constitution and the law.(4) Functions, immunities, emoluments, terms and conditions ofservice of the State legal advisors shall be prescribed by law.(5) In the interest of justice and effectiveness in the execution oftheir legal duties, the National Ministry of Justice and theMinistry of Legal Affairs and Constitutional Development ofSouthern Sudan shall co-ordinate, co-operate and assist eachother in the fulfillment of their functions and may to this end,establish the necessary mechanisms and channels ofimplementation.
    • Advocacy
      134. (1) Advocacy is an independent private profession and shall beregulated by law.(2) Advocacy shall    promote,    protect and    advance    thefundamental rights of citizens. Advocates shall serve toprevent injustice, defend the legal rights and interests oftheir clients, seek conciliation between adversaries andmay render legal aid for the needy according to law.53 PART SEVENTHE NATIONAL CIVIL SERVICEPrinciples and Guidelines for the NationalCivil Service Employees
    • The National Civil Service
      135    (1) The National Civil Service shall consist of all employees atthe national level of government who shall impartially carryout the functions assigned to them according to law.(2) The law shall determine terms and conditions of service,duties and rights of employees of the National Civil Service.
    • Guidelines for Inclusiveness in the National Civil Service
      136    The National Civil Service, notably at the senior and middle-levels, shall be representative of the people of the Sudan; toensure this, the following principles and guidelines shall berecognized and observed:-(a) imbalances and disadvantages in recruitment shall beredressed,(b) merit is important and training is necessary,(c) no level of government shall discriminate against anyqualified Sudanese citizen on the basis of religion, ethnicity,region or gender,(d) fair competition for jobs,(e) application of affirmative action and job training to achievetargets for equitable representation within a specified timeframe,(f)    creation of additional training opportunities for conflict-affected people.
    • The National Civil Service Commission
      137    (1) A National Civil Service Commission shall be establishedand shall be composed of persons of proven competence,experience, integrity and impartiality.(2) The National Civil Service Commission shall advise thenational government in the formulation and execution of54 policies    related    to    public    service    employment    andemployees.(3) The National Civil Service Commission shall addressimbalances in the National Civil Service in order to create asense of national belonging.
    • Interim Tasks of the National Civil Service Commission
      138    The National Civil Service Commission shall have the followingtasks:-(a) formulation of policies for training and recruitment into thenational civil service, targeting between twenty to thirtypercent of the positions to be confirmed upon the outcomeof the census referred to herein for people of SouthernSudan who qualify,(b) ensuring that not less than twenty percent of the middle andupper level positions in the national civil service, includingthe positions of undersecretaries, are filled with qualifiedpersons from Southern Sudan within the first three years ofthe Interim Period and achieving twenty five percent in fiveyears and the final target figure referred to in sub-Article (a)above, within six years,(c) reviewing, after the first three years of the Interim Period,the progress made in implementing the formulated policiesand setting new goals and targets as necessary, taking intoaccount the census results.
    • National Employees Justice Chamber
      139    (1) There shall be established by law a National EmployeesJustice Chamber and shall be composed of chairperson andmembers of proven competence, experience, integrity andimpartiality.(2) The National Employees Justice Chamber shall, withoutprejudice to the right of resorting to courts, be competent toconsider and determine grievances by national publicservice employees.(3) The supervision over the Chamber and appointment of itschairperson shall be made by the President of the Republic.55 PART EIGHTINDEPENDENT NATIONAL INSTITUTIONS ANDCOMMISSIONS
    • The National Constitutional Review Commission
      140 (1) The    National    Constitutional    Review    Commission    shallcontinue to perform its functions as prescribed by theComprehensive Peace Agreement.(2) The Presidency may review the composition and functions ofthe National Constitutional Review Commission.
    • National Elections Commission
      141    (1)    There shall be established, within one month after theadoption of the National Elections Law, a NationalElections Commission composed of nine independent,competent, non-partisan, impartial and representativepersonalities to be selected and appointed by thePresident of the Republic in accordance with Article 58 (2)(c) herein.(2)    The National Elections Commission shall be the only bodyto assume the following functions:-(a) prepare the general electoral roll and pursue itsannual revision,(b) organize and supervise, in accordance with the law,the elections for the President of the Republic, thePresident    of    Government    of    Southern    Sudan,Governors, the National Legislature, Southern SudanAssembly and state legislatures in accordance withthe law,(c) organize    and    supervise    any    referendum    inaccordance with this Constitution without prejudice toArticles 183 (3) and 220 (2) herein,56 (d) perform any other relevant electoral functions as maybe prescribed by law.(3) The National Elections Law shall specify general rules andprocedures to govern elections as well as functions andterms and conditions of service of the National ElectionsCommission.
    • Human Rights Commission
      142    (1) The President of the Republic shall, after consultation withinthe Presidency, establish an independent Human RightsCommission consisting of fifteen independent, competentnon-partisan and impartial members. Their appointmentshall be representative. It shall be independent in decisionmaking.(2)    Representative of relevant government organs shall takepart in the deliberations of the Commission in advisorycapacity.(3) The    Human    Rights    Commission    shall    monitor    theapplication of the rights and freedoms provided for in the Billof Rights and shall receive complaints on violations thereof.(4) The Human Rights Commission may express opinion orpresent advice to State organs on any issue related tohuman rights.(5) The law shall specify the functions, powers, procedures,terms and conditions of service of the Commission.
    • Public Grievances Chamber
      143    (1) There shall be established an independent body, to beknown as the Public Grievances Chamber. Its chairpersonand members shall be nominated by the President of theRepublic from among persons of competence and integrityand approved by the National Assembly. The Chamber shallbe responsible to the President of the Republic and theNational Assembly.(2) Without prejudice to the finality of judgments, the Chambershall consider complaints relating to grievances suffered bycitizens in relation to State institutions. The Chamber shallconsider grievances only after exhausting all means andstages of litigation by the complainant.57 (3) The Chamber shall make recommendations or proposeremedies to the Presidency.    The Chamber may on itsown motion recommend to the Presidency or the NationalAssembly any measures it deems fit to ensure efficiency,justice or probity in the performance of the nationalgovernmental institutions in coordination with the variousState organs.(4) The law shall regulate the functions, procedures, terms andconditions of service of the members and employees of theChamber. 58 PART NINEARMED FORCES, LAW ENFORCEMENTAGENCIES AND NATIONAL SECURITYCHAPTER I
    • THE NATIONAL ARMED FORCES
    • Status of Forces
      144    (1) The Sudan Armed Forces and the Sudan People’ sLiberation Army shall remain separate, regular, professionaland non-partisan armed forces and shall be treated equallyas the Sudan National Armed Forces.(2) The mission of the Sudan National Armed Forces is todefend the sovereignty and secure the territorial integrity ofthe country and participate in its reconstruction and assist inaddressing national disasters in accordance with thisConstitution. The law shall stipulate the conditions in whichthe civil authority may resort to the engagement of thearmed forces in missions of non-military nature.(3) The Sudan National Armed Forces and the Joint/IntegratedUnits shall defend the constitutional order, respect the ruleof law, the civilian government, democracy, basic humanrights and the will of the people; they shall undertake theresponsibility of the defence of the country against externaland internal threats in their respective areas of deploymentand shall be involved in addressing constitutionally specifiedemergencies.(4)    The military service, military courts and military legalservices shall be regulated by law for the Sudan ArmedForces, the Sudan People’ s Liberation Army and theJoint/Integrated Units.
    • Joint/ Integrated Units
      145 (1) There shall be formed Joint/Integrated Units consisting ofequal numbers, from the Sudan Armed Forces and the SudanPeople’ s Liberation Army. The Joint/Integrated Units shallconstitute a nucleus of the post-referendum army of the59 Sudan, should the result of the referendum confirm unity;otherwise they would be dissolved and the component partsintegrated into their respective forces.(2) Character,    functions,    size    and    deployment    of    theJoint/Integrated    Units    shall    be    governed    by    theComprehensive Peace Agreement.Command and Control of Joint/Integrated Units and
    • Coordination between the Armed Forces
      146 (1) The Joint Defence Board, that shall be established inaccordance with the Comprehensive Peace Agreement, shallassume command and control of the Joint/Integrated Units.(2) Coordination between the Sudan Armed Forces and theSudan People’ s Liberation Army shall be the function of theJoint Defence Board.
    • The Permanent Ceasefire
      147    (1) The    permanent    ceasefire,    provided    for    in    theComprehensive Peace Agreement, shall be fully enforced.(2) The permanent ceasefire shall be internationally monitoredand fully respected by all Sudanese.CHAPTER II
    • THE LAW ENFORCEMENT AGENCIES
    • The Police
      148    (1) The Police is a regular service force whose mission is tomaintain law and order; its service shall be open to allSudanese to reflect the diversity and multiplicity of theSudanese society;    it    shall discharge    its    duties    withimpartiality and integrity in compliance with the law and thenationally and internationally accepted standards.(2) The Police shall be decentralized in accordance with theComprehensive Peace Agreement as follows:(a)    The national level, the powers and functions of whichshall be prescribed by law in accordance with thisConstitution,60 (b)    The southern Sudan level, the powers and functionsof    which    shall    be    prescribed    by    the    InterimConstitution of Southern Sudan and the law,(c)    The state level, the powers and functions of whichshall be prescribed by state constitution and the law,(3) The police at national, southern Sudan and state levels,shall co-ordinate, co-operate and assist each other in thedischarge of their functions, and to that end, shallrecommend, through their respective authorities to thePresidency    the    establishment    of    these    necessarymechanisms.
    • Prisons and Wildlife Services
      149    (1) (a) There shall be established at the National, SouthernSudan    and    state    levels,    prison    services    whosefunctions, terms and conditions of service shall beprescribed by law,(b) Prisons are correctional and rehabilitative institutions;treatment that is cruel, inhuman, degrading of theprisoners’  dignity, or that may expose their health todanger shall be prohibited and punishable by law.(2) Pursuant to Article11(2) of this Constitution, there shall beestablished at the National, Southern Sudan and statelevels, wildlife protection service whose functions and termsand conditions of services shall be prescribed by law.CHAPTER IIITHE NATIONAL SECURITY
    • The National Security Council
      150 (1)    There shall be at the national level a National SecurityCouncil, the composition and functions of which shall bedetermined by a National Security Act.(2)    The National Security Council shall define the nationalsecurity strategy based on the analysis of all threats tosecurity of the Sudan.(3)    There shall be established security committees at theGovernment of Southern Sudan and state levels; their61 composition and functions shall be prescribed by theNational Security Act.
    • The National Security Service
      151 (1) There shall be established a National Security Service thatshall be charged with the external and internal security of thecountry; its mission, mandate, functions, terms and conditionsof service shall be prescribed by the National Security Act.(2) The National Security Service shall be representative of thepeople of the Sudan; Southern Sudan shall, in particular, beequitably represented therein.(3) The National Security Service shall be professional and itsmandate shall focus on information gathering, analysis andadvice to the appropriate authorities.(4) There shall be established National Security Service officesthroughout the Sudan.(5) The National Security Service shall be under the supervisionof the Presidency.  62 PART TENTHE NATIONAL CAPITAL
    • The National Capital
      152    Khartoum shall be the National Capital of the Republic of theSudan, and shall be a symbol of national unity that reflects thediversity of the country.
    • Administration of the National Capital
      153    (1) The    administration    of    the    National    Capital    shall    berepresentative. The parties signatory to the ComprehensivePeace Agreement shall be adequately represented therein.(2) The adequate representation shall be determined by thePresidency in consultation with the Governor of Khartoum.
    • Respect for Human Rights in the National Capital
      154    Human rights and fundamental freedoms as specified in thisConstitution, including respect for all religions, beliefs andcustoms, being of particular significance in the National Capital,which symbolizes national unity, shall be guaranteed andenforced in the National Capital.
    • Law Enforcement Agencies in the National Capital
      155    Law enforcement agencies of the National Capital shall berepresentative of the population of the Sudan and shall beadequately trained and made sensitive to the cultural, religiousand social diversity in the Sudan.
    • Dispensing Justice in the National Capital
      156    Without prejudice to the competence of any national institution topromulgate laws, judges and law enforcement agencies shall, indispensing justice and enforcing law in the National Capital, beguided by the following:-(a) tolerance shall be on the basis of peaceful coexistencebetween the Sudanese people of different cultures, religionsand traditions,(b) behaviour based on cultural practices and traditions, whichdoes not disturb public order, is not disdainful of other63 traditions and not in violation of the law, shall be deemed inthe eyes of the law as an exercise of personal freedoms,(c) personal privacy is inviolable and evidence obtained inviolation of such privacy shall not be admissible in the courtof law,(d) the judicial discretion of courts to impose penalties on non-Muslims shall observe the long-established Sharia principlethat non-Muslims are not subject to prescribed penalties andtherefore remitted penalties shall apply according to law,(e) leniency and granting the accused the benefit of the doubtare legal principles of universal application and required bythe circumstances of the Sudan.
    • The Non-Muslims Rights Special Commission
      157    (1) The Presidency shall establish in the National Capital aspecial commission for the rights of Non-Muslims whichshall have the following functions:-(a) to ensure that the rights of Non-Muslims are protectedin accordance with the general principles provided forunder Articles 154 and 156 of this Constitution,(b) ensure that Non-Muslims are not adversely affectedby the application of the Sharia law in the NationalCapital.(2) The special commission shall submit its observations andrecommendations to the Presidency.
    • Mechanism for Guarantees
      158    A system shall be established to guarantee the implementationof Article 156 above, which includes:-(a) judicial circulars to guide the courts as to how to observe theforegoing principles,(b) establishment of specialized courts to conduct trials inaccordance with the principles referred to above,(c) establishment of specialized public attorneys to conductinvestigations and pre-trial proceedings in accordance withthe principles referred to above.64 PART ELEVENGOVERNMENT OF SOUTHERN SUDANCHAPTER IEstablishment of Government of Southern Sudan
    • Organs of the Government of Southern Sudan
      159    There shall be established in southern Sudan, as per itsboundaries of January 1st, 1956, a government to be known asthe Government of Southern Sudan which shall have legislative,executive and judicial organs.
    • Interim Constitution of Southern Sudan
      160    (1) The Government of southern Sudan shall function inaccordance with the Interim Constitution of Southern Sudan,which shall be drafted by an inclusive Drafting Committeeand adopted by a transitional Southern Sudan Assembly bya two-thirds majority of all members.    The InterimConstitution of Southern Sudan shall conform to thisConstitution.(2) The Southern Sudan Assembly may amend the InterimConstitution of Southern Sudan by a two-thirds majority voteof all members.
    • The Powers of the Government of Southern Sudan
      161    The powers of Government of Southern Sudan shall be as setforth in Schedules B and C, read together with Schedules E andF of this Constitution, the Interim Constitution of SouthernSudan, and the Comprehensive Peace Agreement.
    • Primary Responsibilities of the Government of Southern Sudan
      162    The primary responsibilities of the Government of SouthernSudan shall be to promote good governance, development andjustice, exercise authority in respect of southern Sudan and thestates of southern Sudan, act as the link between the NationalGovernment and the states of southern Sudan and to ensure theprotection of rights and interests of the people of southernSudan.65 CHAPTER IITHE EXECUTIVE OF SOUTHERN SUDAN
    • The President of the Government of Southern Sudan
      163    (1) The President of the Government of Southern Sudan shallbe elected directly by the people of southern Sudan,according to the Interim Constitution of Southern Sudan.Such elections shall be in accordance with the provisionsset forth by the National Elections Commission.(2) The tenure of office of the President of the Government ofSouthern Sudan shall be five years commencing from thedate of assumption of office; he/she may be re-elected forone additional term only.(2) Should the post of the President of the Government ofSouthern Sudan fall vacant, pending the elections within sixtydays, and swearing in of the President elect, the functions ofthe President of the Government of Southern Sudan shall beassumed by the Vice President of the Government ofSouthern Sudan.
    • The Vice President of the Government of Southern Sudan
      164. The Vice President of the Government of Southern Sudan shallbe appointed in accordance with the provisions of the InterimConstitution of Southern Sudan.
    • Southern Sudan Council of Ministers
      165 (1) There shall be established a Southern Sudan Council ofMinisters to be appointed by the President of Government ofSouthern Sudan, in consultation with the Vice President andapproved by Southern Sudan Assembly. The Government ofSouthern Sudan shall be established with due regard to theneed for inclusiveness in recognition of ethnic, religiousdiversity and gender.(2) The President and Vice President of the Government ofSouthern Sudan shall be members of Southern SudanCouncil of Ministers.66
    • Accountability of Southern Sudan Council of Ministers
      166    Southern Sudan Council of Ministers shall be accountable to thePresident of the Government of Southern Sudan and theSouthern Sudan Assembly, in the performance of its functions,and may be removed by a motion supported by a two-thirds of allmembers of the Southern Sudan Assembly.
    • Special Obligations of the Government of Southern Sudan
      167    The Government of Southern Sudan shall discharge its dutiesand exercise its powers as set forth in this Constitution, theInterim Constitution of Southern Sudan, the ComprehensivePeace Agreement and any other agreement relating to thedevelopment and reconstruction of Southern Sudan.
    • Southern Sudan Independent Institutions and Commissions
      168 (1) The Government of Southern Sudan shall establish suchindependent    institutions    as    provided    for    by    theComprehensive Peace Agreement, this Constitution and theInterim    Constitution    of    Southern    Sudan.    It    shall    beempowered    to    establish such    other    commissions    andinstitutions compatible with its powers as it deems necessaryto promote the welfare of its people, good governance andjustice.(2) Without prejudice to the generality of sub-Article (1) above,there shall be established at Southern Sudan level, a SouthernSudan Civil Service Commission, Public Grievances andRestitution Board and Employees Justice Chamber; theirfunctions and terms of service shall be regulated by law.CHAPTER IIITHE LEGISLATURE OF SOUTHERN SUDAN
    • Establishment of Southern Sudan Legislative Assembly
      169 (1) There shall be established the Southern Sudan LegislativeAssembly in accordance with the Interim Constitution ofSouthern Sudan.(2) Prior to elections, there shall be constituted, in accordancewith Article 176 (4) herein, a transitional Southern Sudan67 Legislative Assembly to adopt the Interim Constitution ofSouthern Sudan; it shall thereafter be reconstituted into theSouthern Sudan Legislative Assembly.
    • Assignment of Powers to the Government of Southern Sudan
      170    When enacting the Interim Constitution of Southern Sudan, thetransitional Southern Sudan Legislative Assembly shall assign tothe Government of Southern Sudan such powers as set forth inSchedules B and D, read together with Schedules E and Fherein.
    • Powers of Southern Sudan Assembly
      171 (1) Apart from applicable national legislation on matters that fallwithin the sole authority of the National Government as setforth in Schedule (A), legislative authority in Southern Sudanshall be vested in Southern Sudan Legislative Assembly.(2) The Southern Sudan Legislative Assembly shall determine itsrules of procedure, elect its Speaker, Deputy Speaker andother officers as shall be provided for by the InterimConstitution of Southern Sudan.CHAPTER IVTHE JUDICIARY OF SOUTHERN SUDAN
    • The Structure of the Judiciary of Southern Sudan
      172    (1) Judicial competence in southern Sudan shall be vested inan independent institution to be known as the Judiciary ofSouthern Sudan.(2) The Judiciary of southern Sudan shall be independent of theexecutive and the legislature.(3) The Judiciary of Southern Sudan shall be structured asfollows:-(a) The Supreme Court of Southern Sudan,(b) Courts of Appeal,(c) Other courts or tribunals as deemed necessary to beestablished in accordance with the Interim Constitutionof Southern Sudan and the law.68
    • The Supreme Court of Southern Sudan
      173    (1) The Interim Constitution of Southern Sudan shall provide forthe establishment of the Supreme Court of Southern Sudanwhich shall be the highest judicial institution in SouthernSudan.(2) Appeals may be submitted from Southern Sudan courts,state courts or other courts to the Supreme Court ofSouthern Sudan on matters brought under or relating tonational, Southern Sudan and state laws as may bedetermined by the Interim Constitution of Southern Sudanand the law.
    • Competences of the Supreme Court of Southern Sudan
      174    The Supreme Court of Southern Sudan shall:-(a) be the court of final judicial instance in respect of anylitigation or prosecution under Southern Sudan or state law,including statutory and customary law, save that anydecisions arising under national laws shall be subject toreview and decision by the National Supreme Court,(b) have original jurisdiction to decide on disputes that ariseunder the Interim Constitution of Southern Sudan and theConstitutions of Southern Sudan states at the instance ofindividuals, juridical entities or government,(c) adjudicate on the constitutionality of laws and set aside orstrike down laws or provisions of laws that contradict theInterim Constitution of Southern Sudan or the constitutionsof Southern Sudan states,(d) be a court of review and cassation in respect of any criminalor civil matter arising out of or under Southern Sudan laws,(e) have criminal jurisdiction over the President and VicePresident of the Government of Southern Sudan and theSpeaker of Southern Sudan Legislative Assembly,(f)    review death sentences imposed by Southern Sudan courtsin respect of matters arising out of or under Southern Sudanlaws,(g) have such other jurisdiction as shall be determined by theInterim Constitution of Southern Sudan, the ComprehensivePeace Agreement or the law.69
    • Justices and Judges of Southern Sudan
      175 (1) Justices and Judges of Southern Sudan are independent andshall perform their functions without interference, administerjustice and apply the law without fear or favour. Theprovisions of the Interi