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Sudan's Constitution of 2005

Historical

This complete constitution has been generated from excerpts of texts from the repository of the Comparative
Constitutions Project, and distributed on constituteproject.org.
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Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART ONE. THE STATE, THE CONSTITUTION AND GUIDING PRINCIPLES . . . . . . . . . . . . . 5
CHAPTER I. THE STATE AND THE CONSTITUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CHAPTER II. GUIDING PRINCIPLES AND DIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CHAPTER III. DUTIES OF THE CITIZEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
CHAPTER IV. THE DECENTRALIZED SYSTEM OF GOVERNANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART TWO. BILL OF RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
27. Nature of the Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
28. Life and Human Dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
29. Personal Liberty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
30. Sanctity from Slavery and Forced Labour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
31. Equality before the Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
32. Rights of Women and Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
33. Sanctity from Torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
34. Fair Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
35. Right to Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
36. Restriction on Death Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
37. Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
38. Freedom of Creed and Worship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
39. Freedom of Expression and Media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
40. Freedom of Assembly and Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
41. Right to Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
42. Freedom of Movement and Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
43. Right to Own Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
44. Right to Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
45. Rights of Persons with Special Needs and the Elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
46. Public Health Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
47. Ethnic and Cultural Communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
48. Sanctity of Rights and Freedoms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART THREE. THE NATIONAL EXECUTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
CHAPTER I. THE NATIONAL EXECUTIVE AND ITS POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
CHAPTER II. THE PRESIDENCY OF THE REPUBLIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CHAPTER III. INTERIM PROVISIONS FOR THE PRESIDENCY OF THE REPUBLIC . . . . . . . . . . . . . . . . . . 18
CHAPTER IV. THE NATIONAL COUNCIL OF MINISTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CHAPTER V. THE GOVERNMENT OF NATIONAL UNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART FOUR. THE NATIONAL LEGISLATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
CHAPTER I. COMPOSITION AND FUNCTIONING OF THE NATIONAL LEGISLATURE . . . . . . . . . . . . . . 22
CHAPTER II. INTERIM PROVISIONS FOR THE NATIONAL LEGISLATURE . . . . . . . . . . . . . . . . . . . . . . . . 29
PART FIVE. THE NATIONAL JUDICIAL ORGANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER I. THE CONSTITUTIONAL COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER II. THE NATIONAL JUDICIARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART SIX. PUBLIC ATTORNEYS AND ADVOCACY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
133. Public Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
134. Advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART SEVEN. THE NATIONAL CIVIL SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

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Principles and Guidelines for the National Civil Service Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

PART EIGHT. INDEPENDENT NATIONAL INSTITUTIONS AND COMMISSIONS . . . . . . . 34
140. The National Constitutional Review Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
141. National Elections Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
142. Human Rights Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
143. Public Grievances Chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART NINE. ARMED FORCES, LAW ENFORCEMENT AGENCIES AND NATIONAL
SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
CHAPTER I. THE NATIONAL ARMED FORCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
CHAPTER II. THE LAW ENFORCEMENT AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
CHAPTER III. THE NATIONAL SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART TEN. THE NATIONAL CAPITAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
152. The National Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
153. Administration of the National Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
154. Respect for Human Rights in the National Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
155. Law Enforcement Agencies in the National Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
156. Dispensing Justice in the National Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
157. The Non-Muslims Rights Special Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
158. Mechanism for Guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART ELEVEN. GOVERNMENT OF SOUTHERN SUDAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
CHAPTER I. ESTABLISHMENT OF GOVERNMENT OF SOUTHERN SUDAN . . . . . . . . . . . . . . . . . . . . . . 38
CHAPTER II. THE EXECUTIVE OF SOUTHERN SUDAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
CHAPTER III. THE LEGISLATURE OF SOUTHERN SUDAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
CHAPTER IV. THE JUDICIARY OF SOUTHERN SUDAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
CHAPTER V. INTERIM PROVISIONS FOR SOUTHERN SUDAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART TWELVE. THE STATES AND ABYEI AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
177. States of the Sudan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
178. State Organs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
179. State Executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
180. State Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
181. State Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
182. Southern Kordofan and Blue Nile States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
183. Abyei Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
184. Interim Provisions for States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART THIRTEEN. FINANCE AND ECONOMIC MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
CHAPTER I. GUIDING PRINCIPLES FOR EQUITABLE SHARING OF RESOURCES AND COMMON
WEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
CHAPTER II. LAND RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
CHAPTER III. DEVELOPMENT AND MANAGEMENT OF THE PETROLEUM SECTOR . . . . . . . . . . . . . . 46
CHAPTER IV. SOURCES OF REVENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
CHAPTER V. FISCAL AND FINANCIAL MECHANISMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
CHAPTER VI. BANKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
CHAPTER VII. ACCOUNTING STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
CHAPTER VIII. INTERSTATE COMMERCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
CHAPTER IX. TRANSITIONAL PROVISIONS FOR FINANCE AND BANKING . . . . . . . . . . . . . . . . . . . . . . 53
PART FOURTEEN. STATE OF EMERGENCY AND DECLARATION OF WAR . . . . . . . . . . . . . 54
210. Declaration of State of Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
211. Powers of the President in the State of Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

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212. Duration of the State of Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

213. Declaration of War . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART FIFTEEN. CENSUS AND ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
CHAPTER I. CENSUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
CHAPTER II. ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART SIXTEEN. SOUTHERN SUDAN RIGHT TO SELF-DETERMINATION . . . . . . . . . . . . . . . 56
219. Affirmation of the Right to Self Determination by the People of Southern Sudan . . . . . . . . . . . . . . . . 56
220. Southern Sudan Referendum Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
221. The Assessment and Evaluation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
222. The Referendum on Self-Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART SEVENTEEN. MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
223. Coming into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
224. Amendment of the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
225. Incorporation of the Comprehensive Peace Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
226. Transitional and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
SCHEDULE A. NATIONAL POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
SCHEDULE B. POWERS OF THE GOVERNMENT OF SOUTHERN SUDAN . . . . . . . . . . . . . . . . . . . . . . . . 59
SCHEDULE C. POWERS OF STATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
SCHEDULE D. CONCURRENT POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
SCHEDULE E. RESIDUAL POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
SCHEDULE F. RESOLUTION OF CONFLICTS IN RESPECT OF CONCURRENT POWERS . . . . . . . . . . . . . 63

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Preamble
Source of constitutional authority Preamble

We the people of the Sudan

God or other deities Grateful to Almighty God who has bestowed upon us the wisdom and will to reach a
Reference to country's history
Comprehensive Peace Agreement that has definitively put an end to the longest
running conflict in Africa,

Reference to country's history Having survived the tragic consequences that have characterized that debilitating
conflict,

Mindful of religious, racial, ethnic and cultural diversity in the Sudan,

Type of government envisioned Committed to establish a decentralized democratic system of governance in which
Motives for writing constitution
Human dignity
power shall be peacefully transferred and to uphold justice, equality, human dignity and
equal rights and duties of men and women,

Motives for writing constitution Further committed to gearing governance, in the coming phase of our political
advancement, towards the enhancement of economic development, promotion of social
harmony, deepening of religious tolerance and building trust and confidence in the
society generally,

Motives for writing constitution Committed to the Comprehensive Peace Agreement of January 2005, guided by the
1998 Constitution and the Sudanese constitutional experience since independence and
other relevant experiences,

Cognizant of conferences and the initiative of inclusive popular dialogue and agreements
of peace and national reconciliation, particularly the Cairo Agreement signed in June
2005, and prospects of other peace agreements to end conflicts in the country,

Do hereby adopt this Constitution as the supreme law by which the Republic of the
Sudan shall be governed during the Interim Period; and we undertake to respect and
protect it.

PART ONE. THE STATE, THE CONSTITUTION

AND GUIDING PRINCIPLES

CHAPTER I. THE STATE AND THE CONSTITUTION

1. Nature of the State
1. The Republic of the Sudan is an independent, sovereign State. It is a democratic,
Type of government envisioned decentralized, multi-cultural, multi-racial, multi-ethnic, multi-religious, and multi-
lingual country where such diversities co-exist.
2. The State is committed to the respect and promotion of human dignity; and is
Human dignity founded on justice, equality and the advancement of human rights and
fundamental freedoms.
3. The Sudan is an all embracing homeland where religions and cultures are sources
of strength, harmony and inspiration.

2. Sovereignty
The sovereignty of the nation is vested in its people and shall be exercised in accordance
with the provisions of this Constitution and the law, without prejudice to the autonomy
of Southern Sudan and the states.

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3. Supremacy of the Interim National Constitution

The Interim National Constitution shall be the supreme law of the land. The Interim
Constitution of Southern Sudan, state constitutions and all laws shall comply with it.

4. Fundamental Bases of the Constitution

This Constitution is predicated upon and guided by the following principles:-

a. the unity of the Sudan is based on the free will of its people, the rule of law,
decentralized democratic governance, accountability, equality, respect and
justice,

b. religions, beliefs, traditions and customs are the source of moral strength and
inspiration for the Sudanese people,

c. the cultural and social diversity of the Sudanese people is the foundation of
national cohesion and shall not be used for causing division,

d. the authority and powers of government emanate from the sovereign will of the
Restrictions on voting
people exercised by them through referenda and in free, direct and periodic
Secret ballot elections conducted through universal adult suffrage, using secret ballot.
Legislative initiatives by citizens
5. Sources of Legislation
1. Nationally enacted legislation having effect only in respect of the Northern
Official religion states of the Sudan shall have as its sources of legislation Islamic Sharia and the
Status of religious law
consensus of the people.
2. Nationally enacted legislation applicable to Southern Sudan or states of Southern
Official religion Sudan shall have as its sources of legislation popular consensus, the values and
Status of religious law
the customs of the people of the Sudan, including their traditions and religious
beliefs, having regard to Sudan's diversity.
3. Where national legislation is currently in operation or is to be enacted and its
source is religion or custom, then a state, and subject to Article 26(a) herein in
the case of Southern Sudan, the majority of whose residents do not practice such
religion or customs may:-
a. either introduce legislation so as to allow practices or establish
institutions, in that state consistent with their religion or customs, or
b. refer the law to the Council of States to be approved by a two-thirds
majority of all the representatives or initiate national legislation which will
provide for such necessary alternative institutions as may be appropriate.

Freedom of religion 6. Religious Rights

The State shall respect the following religious rights:-

a. worship or assemble in connection with any religion or belief and to establish and
maintain places for these purposes,

b. establish and maintain appropriate charitable or humanitarian institutions,

c. acquire and possess movable and immovable property and make, acquire and
use the necessary articles and materials related 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 contributions from individuals,
private and public institutions,

g. train, appoint, elect or designate by succession appropriate religious leaders

called for by the requirements and standards of any religion or belief,

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h. observe days of rest, celebrate holidays and ceremonies in accordance with the
precepts of religious beliefs,

i. communicate with individuals and communities in matters of religion and belief at

national and international levels.

Requirements for birthright citizenship 7. Citizenship and Nationality

1. Citizenship shall be the basis for equal rights and duties for all Sudanese.
2. Every person born to a Sudanese mother or father shall have an inalienable right
Inalienable rights to enjoy Sudanese nationality and citizenship.
3. The law shall regulate citizenship and naturalization; no naturalized Sudanese
Conditions for revoking citizenship shall be deprived of his acquired citizenship except in accordance with the law.
Requirements for naturalization
4. A Sudanese national may acquire the nationality of another country as shall be
regulated by law.

8. Language
1. All indigenous languages of the Sudan are national languages and shall be
Official or national languages respected, developed and promoted.
Protection of language use
2. Arabic is a widely spoken national language in the Sudan.
Official or national languages 3. Arabic, as a major language at the national level and English shall be the official
Official or national languages working languages of the national government and the languages of instruction
for higher education.
4. In addition to Arabic and English, the legislature of any sub-national level of
government may adopt any other national language as an additional official
working language at its level.
5. There shall be no discrimination against the use of either Arabic or English at any
level of government or stage of education.

National flag
National anthem
9. National Symbols
The law shall specify the national flag, national emblem, national anthem, public seal,
medals, national festivals and commemorations of the State.

CHAPTER II. GUIDING PRINCIPLES AND DIRECTIVES

10. National Economy
1. The overarching aims of economic development shall be eradication of poverty,
Right to reasonable standard of living attainment of the Millennium Development Goals, guaranteeing the equitable
Mentions of social class
distribution of wealth, redressing imbalances of income and achieving a decent
standard of life for all citizens.
2. The State shall develop and manage the national economy in order to achieve
Right to competitive marketplace prosperity through policies aimed at increasing production, creating an efficient
and self reliant economy and encouraging free market and prohibition of
monopoly.
3. The State shall enhance regional economic integration.

Protection of environment 11. Environment and Natural Resources

1. The people of the Sudan shall have the right to a clean and diverse environment;
the State and the citizens have the duty to preserve and promote the country's
biodiversity.
2. The State shall not pursue any policy, or take or permit any action, which may
adversely affect the existence of any species of animal or vegetative life, their
natural or adopted habitat.
3. The State shall promote, through legislation, sustainable utilization of natural
resources and best practices with respect to their management.

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12. Social Justice

1. The State shall develop policies and strategies to ensure social justice among all
Right to work people of the Sudan, through ensuring means of livelihood and opportunities of
employment. The State shall also encourage mutual assistance, self-help, co-
operation and charity.
2. No qualified person shall be denied access to a profession or employment on the
State support for the disabled basis of disability; persons with special needs and the elderly shall have the right
State support for the elderly
to participate in social, vocational, creative or recreational activities.

13. Education, Science, Art and Culture

1
a. The State shall promote education at all levels all over the Sudan and shall
Compulsory education
ensure free and compulsory education at the primary level and in illiteracy
Free education eradication programmes.

b. Every person or group of persons shall have the right to establish and maintain
private schools and other educational institutions at all levels in accordance with
the conditions and standards provided by law.

2. The State shall mobilize public, private and popular resources and capabilities for
Reference to science education and development of scientific research, especially Research and
Development.
3. The State shall encourage and promote craft and arts and foster their
Reference to art patronization by government institutions and citizens.
4. The State shall recognize the cultural diversity of the country and shall
encourage such diverse cultures to harmoniously flourish and find expression,
through the media and education.
5. The State shall protect Sudan's cultural heritage, monuments and places of
Right to culture national historic or religious importance, from destruction, desecration, unlawful
removal or illegal export.
6. The State shall guarantee academic freedom in institutions of higher education
Reference to science and shall protect the freedom of scientific research within the ethical parameters
Right to academic freedom
of research.

14. Children, Youth and Sports

1. The State shall adopt policies and provide facilities for child and youth welfare
State support for children and ensure that they develop morally and physically, and protect them from
Rights of children
moral and physical abuse and abandonment.
2. The State shall promote sports and empower the youth to develop their
potentials.
3. The State shall protect and support popular sports institutions and guarantee
their independence.

15. Family, Women and Marriage

1. The family is the natural and fundamental unit of the society and is entitled to the
Regulation of marriage protection of the law; the right of man and woman to marry and to found a family
Right to found a family
shall be recognized, according to their respective family laws, and no marriage
shall be entered into without the free and full consent of its parties.
2. The State shall protect motherhood and women from injustice, promote gender
equality and the role of women in family, and empower them in public life.

16. Morals and Public Integrity

1. The State shall enact laws to protect the society from corruption[,] delinquency
and social evils and steer the society as a whole towards virtuous social values
consistent with religions and cultures of the Sudan.
2. The State shall enact laws and establish institutions to eliminate corruption,
inhibit abuse of power and ensure integrity in public life.

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17. Foreign Policy

Foreign policy of the Sudan shall serve the national interest and shall be conducted
independently and transparently with the view to achieving the following:-

a. promotion of international cooperation, specially within the United Nations family

International organizations
and other international and regional organizations, for the purposes of
consolidating universal peace, respect for international law, treaty obligations
and fostering a just world economic order,

b. achievement of African and Arab economic integration, each within the ongoing
Regional group(s)
regional plans and fora as well as promoting African and Arab unity and Afro-
Arab cooperation as foreseen in those plans,

c. enhancement of respect for human rights and fundamental freedoms in regional

and international fora,

d. promotion of dialogue among civilizations and establishment of international

order based on justice and common human destiny,

e. enhancement of economic cooperation among countries of the South,

f. non-interference in the affairs of other States, promotion of good-neighbourliness

and mutual cooperation with all neighbours and maintaining amicable and
balanced relations with other countries,

g. combating international and trans-national organized crime and terrorism.

Terrorism

18. Defence of the Country

Defence of the Country is an honour and a duty of every citizen; the State shall care for
the combatants, the afflicted in war, the families of martyrs and those missing in action.

Right to health care 19. Public Health

The State shall promote public health and guarantee equal access and free primary
health care to all citizens.

20. Fiscal Levies

1. No taxes, fees, tariffs or other fiscal dues, shall be levied save by law.
2. Zakat is a duty on Muslims; its collection, expenditure and administration shall be
Duty to pay taxes regulated in the Northern states by law.

Truth and reconciliation commission 21. National Reconciliation

The State shall initiate a comprehensive process of national reconciliation and healing
that shall promote national harmony and peaceful co-existence among all Sudanese.

22. Saving
Unless this Constitution otherwise provides, or a duly enacted law guarantees the rights
and liberties described in this Chapter, the provisions contained in this Chapter are not
by themselves enforceable in a court of law; however, the principles expressed herein
are basic to governance and the State is duty-bound to be guided by them, especially in
making policies and laws.

CHAPTER III. DUTIES OF THE CITIZEN

23. Duties of the Citizen
1. It shall be the duty of every Sudanese citizen to pledge allegiance to the Republic
Duty to obey the constitution of the Sudan, abide by this Constitution, respect the institutions created
hereunder and safeguard the territorial integrity of the country.

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2. In particular every citizen shall:

a. defend the country and respond to the call for national service within the
Duty to serve in the military terms of this Constitution and the law,
b. abhor violence, promote harmony, fraternity and tolerance among all
Reference to fraternity/solidarity people of the Sudan in order to transcend religious, regional, linguistic, and
sectarian divisions,
c. preserve public funds and assets and respect legal and financial
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 as stipulated in this
Constitution and the law,
g. abide by law and co-operate with the appropriate agencies in the
maintenance of law and order,
h. preserve the natural environment,
Protection of environment i. generally, be guided and informed in his actions by the interests of the
nation and the principles enshrined in this Constitution.

CHAPTER IV. THE DECENTRALIZED SYSTEM OF

GOVERNANCE

24. Levels of Government

The Sudan is a decentralized State, with the following levels of government: -

a. The national level of government, which shall exercise authority with a view to
protecting the national sovereignty and territorial integrity of the Sudan and
promoting the welfare of its people,

b. Southern Sudan level of government, which shall exercise authority in respect of

the people and states in Southern Sudan,

c. The state level of government, which shall exercise authority at the states
Subsidiary unit government
throughout the Sudan and render public services through the level closest to the
people,

d. Local level of government, which shall be throughout the Sudan.

25. Devolution of Powers

The following principles shall guide the devolution and distribution of powers between all
levels of government:-

a. recognition of the autonomy of the Government of Southern Sudan and the

states,

b. affirmation of the need for norms and standards of governance and management
at national, Southern Sudan and state levels, that reflect the unity of the country
while asserting the diversity of the Sudanese people,

c. acknowledgement of the role of the State in the promotion of the welfare of the
people and protection of their human rights and fundamental freedoms,

d. recognition of the need for the involvement and participation of all Sudanese
people, particularly the people of Southern Sudan, at all levels of government as
an expression of the national unity of the country,

e. pursuit of good governance through democracy, transparency, accountability and

the rule of law at all levels of government to consolidate lasting peace.

26. Inter-Governmental Linkages

1. In the administration of the decentralized system of the country, the following
principles of inter-governmental linkages shall be respected:-
a. the linkage between the national government and the states in Southern
Sudan shall be through the government of Southern Sudan,

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1. b. in their relationships with each other or with other government organs, all
levels of government and particularly national, Southern Sudan and state
governments shall observe the following:-
i. respect each others' autonomy,
ii. collaborate in the task of governing and assist each other in
fulfilling their respective constitutional obligations.
c. government organs at all levels shall perform their functions and exercise
their powers so as:-
i. not to encroach on the powers or functions of other levels,
ii. not to assume powers or functions conferred upon any other level
except as provided for by this Constitution,
iii. to promote co-operation between all levels of government,
iv. to promote open communication between all levels of government,
v. to render assistance and support to other levels of government,
vi. to advance good co-ordination of governmental functions,
vii. to adhere to procedures of inter-governmental interaction,
viii. to promote amicable settlement of disputes before attempting
litigation,
ix. to respect the status and institutions of other levels of
government.
d. the harmonious and collaborative interaction of the different levels of
government shall be within the context of national unity and for the
achievement of a better quality of life for all[.]
2. Any two or more states may agree on mechanisms or arrangements to enhance
interstate co-ordination and co-operation.

PART TWO. BILL OF RIGHTS

27. Nature of the Bill of Rights

1. The Bill of Rights is a covenant among the Sudanese people and between them
and their governments at every level and a commitment to respect and promote
human rights and fundamental freedoms enshrined in this Constitution; it is the
cornerstone of social justice, equality and democracy in the Sudan.
2. The State shall guarantee, protect and implement this Bill.
3. All rights and freedoms enshrined in international human rights treaties,
Legal status of treaties covenants and instruments ratified by the Republic of the Sudan shall be an
International law
integral part of this Bill.
4. Legislation shall regulate the rights and freedoms enshrined in this Bill and shall
not detract from or derogate any of these rights.

Right to life
Human dignity 28. Life and Human Dignity
Every human being has the inherent right to life, dignity and the integrity of his person,
which shall be protected by law; no one shall arbitrarily be deprived of his life.

29. Personal Liberty

Every person has the right to liberty and security of person; no person shall be subjected
to arrest, detention, deprivation or restriction of his liberty except for reasons and in
accordance with procedures prescribed by law.

Prohibition of slavery
30. Sanctity from Slavery and Forced Labour
1. Slavery and slave trade in every form is prohibited. No person shall be held in
slavery or servitude.
2. No person shall be required to perform forced or compulsory labour except as a
penalty upon conviction by a court of law.

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Equality regardless of language

Equality regardless of race 31. Equality before the Law
Equality regardless of religion
General guarantee of equality
Equality regardless of skin color All persons are equal before the law and are entitled without discrimination, as to race,
Equality regardless of political party colour, sex, language, religious creed, political opinion, or ethnic origin, to the equal
Equality regardless of gender
protection of the law.

32. Rights of Women and Children

1. The State shall guarantee equal right of men and women to the enjoyment of all
Right to just remuneration civil, political, social, cultural and economic rights, including the right to equal pay
for equal work and other related benefits.
2. The State shall promote woman rights through affirmative action.
3. The State shall combat harmful customs and traditions which undermine the
dignity and the status of women.
4. The State shall provide maternity and child care and medical care for pregnant
State support for children women.
5. The State shall protect the rights of the child as provided in the international and
Rights of children regional conventions ratified by the Sudan.

Prohibition of torture
Prohibition of cruel treatment 33. Sanctity from Torture
No person shall be subjected to torture or to cruel, inhuman or degrading treatment.

Right to fair trial

34. Fair Trial
1. An accused is presumed to be innocent until his guilt is proved according to the
Presumption of innocence in trials law.
2. Every person who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges against him.
3. In all civil and criminal proceedings, every person shall be entitled to a fair and
Right to public trial public hearing by a competent, independent and impartial court of law as shall be
regulated by law.
4. No person shall be charged of any act or omission which did not constitute an
Protection from ex post facto laws offence at the time of its commission.
Principle of no punishment without law
5. In the determination of any criminal charge against any person, he shall be
entitled to be tried in his presence, unless this becomes impossible, without
undue delay.
6. Any accused person has the right to defend himself in person or through a lawyer
Right to counsel of his own choice and to have legal aid assigned to him by the State where he is
unable to defend himself in serious offences.

35. Right to Litigation

The right to litigation shall be guaranteed for all persons; no person shall be denied the
right to resort to justice.

36. Restriction on Death Penalty

1. No death penalty shall be imposed, save as retribution, hudud or punishment for
extremely serious offences in accordance with the law.
2. The death penalty shall not be imposed on a person under the age of eighteen or
Privileges for juveniles in criminal process a person who has attained the age of seventy except in cases of retribution or
hudud.
3. No death penalty shall be executed upon a pregnant or lactating woman, save
after two years of lactation.

Right to privacy

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37. Privacy
The privacy of all persons shall be inviolable; no person shall be subjected to interference
with his private life, family, home or correspondence, save in accordance with the law.

Freedom of religion
38. Freedom of Creed and Worship
Every person shall have the right to the freedom of religious creed and worship, and to
declare his religion or creed and manifest the same, by way of worship, education,
practice or performance of rites or ceremonies, subject to requirements of law and
public order; no person shall be coerced to adopt such faith, that he does not believe in,
nor to practice rites or services to which he does not voluntarily consent to.

Freedom of press
Freedom of expression 39. Freedom of Expression and Media
1. Every citizen shall have an unrestricted right to the freedom of expression,
reception of information, publication, and access to the press without prejudice to
order, safety or public morals as determined by law.
2. The State shall guarantee the freedom of the press and other media as shall be
regulated by law in a democratic society.
3. All media shall abide by professional ethics, shall refrain from inciting religious,
ethnic, racial or cultural hatred and shall not agitate for violence or war.

Freedom of association
Freedom of assembly 40. Freedom of Assembly and Association
1. The right to peaceful assembly shall be guaranteed; every person shall have the
Right to form political parties right to freedom of association with others, including the right to form or join
Right to join trade unions
political parties, associations and trade or professional unions for the protection
of his interests.
2. The right to establish political parties, associations and trade unions shall be
regulated by law as is necessary in a democratic society.
3. No association shall function as a political party at the national level unless it
Restrictions on political parties has:-
a. its membership open to all Sudanese irrespective of religion, ethnic origin
or place of birth,
b. a programme that does not contradict the provisions of this Constitution,
c. a democratically elected leadership and institutions,
d. disclosed and transparent sources of funding.

Restrictions on voting
41. Right to Vote
1. Every citizen shall have the right, without unreasonable restrictions, to take part
in the conduct of public affairs, through voting.
2. Every citizen shall have the right to stand for elections in periodic elections,
Secret ballot which shall be by universal adult suffrage and shall be held by secret ballot,
Claim of universal suffrage
guaranteeing the free expression of the will of the electorate.

Freedom of movement
42. Freedom of Movement and Residence
1. Every citizen shall have the right to freedom of movement and the liberty to
choose his residence except for reasons of public health and safety as shall be
regulated by law.
2. Every citizen shall have the right to leave the country and return thereto as shall
be regulated by law.

Right to own property

43. Right to Own Property
1. Every citizen shall have the right to acquire or own property as regulated by law.

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2. No private property may be expropriated save by law in the public interest and in
Protection from expropriation consideration for prompt and fair compensation.

44. Right to Education

1. Education is a right for every citizen and the State shall provide access to
education without discrimination as to religion, race, ethnicity, gender or
disability.
2. Primary education is compulsory and the State shall provide it free.
Compulsory education
Free education
Human dignity
45. Rights of Persons with Special Needs and the Elderly
1. The State shall guarantee to persons with special needs the enjoyment of all the
rights and freedoms set out in this Constitution; especially respect for their
human dignity, access to suitable education, employment and full participation in
society.
2. The elderly shall have the right to the respect of their dignity. The State shall
State support for the elderly provide them with the necessary care and medical services as shall be regulated
by law.

Right to health care

46. Public Health Care
The State shall promote public health, establish, rehabilitate, develop basic medical and
diagnostic institutions, provide free primary health care and emergency services for all
citizens.

Right to culture
47. Ethnic and Cultural Communities
Ethnic and cultural communities shall have the right to freely enjoy and develop their
particular cultures; members of such communities shall have the right to practice their
beliefs, use their languages, observe their religions and raise their children within the
framework of their respective cultures and customs.

48. Sanctity of Rights and Freedoms

Subject to Article 211 herein, no derogation from the rights and freedoms enshrined in
this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the
Constitutional Court and other competent courts; the Human Rights Commission shall
monitor its application in the State pursuant to Article 142 herein.

PART THREE. THE NATIONAL EXECUTIVE

CHAPTER I. THE NATIONAL EXECUTIVE AND ITS

POWERS
Establishment of cabinet/ministers
Name/structure of executive(s)
49. Composition of the National Executive
The National Executive shall consist of the Presidency of the Republic and the National
Council of Ministers.

50. Powers of the National Executive

The National Executive shall exercise the executive powers in Schedules A and D, read
together with Schedules E and F herein and the competences conferred upon it by this
Constitution.

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CHAPTER II. THE PRESIDENCY OF THE REPUBLIC

51. Composition of the Presidency

1. The Presidency of the Republic shall consist of the President of the Republic and
Deputy executive two Vice President[s].
2. There shall be partnership and collegial decision-making within the Presidency in
order to safeguard stability in the country and implement the Comprehensive
Peace Agreement.

Head of state selection 52. The President of The Republic

There shall be a President for the Republic of the Sudan to be directly elected by the
people in national elections according to the law and the regulations set by the National
Elections Commission.

Eligibility for head of state 53. Eligibility for the President of the Republic
A candidate for the office of the President of the Republic shall:-

a. be a Sudanese by birth,

b. be of sound mind,

c. be at least forty years of age,

Minimum age of head of state

d. be literate,

e. not have been convicted of an offence involving honesty or moral turpitude.

Head of state selection 54. Nomination and Election of the President of the Republic
1. Any eligible voter may nominate whoever he deems fit for the office of the
President of the Republic; however, the Presidential candidate shall be seconded
by a number of eligible voters as specified by law.
2. The Presidential candidate who wins more than fifty percent of the total votes of
the polling electorate shall be the President elect.
3. Where the percentage mentioned in sub-Article (2) above is not attained, there
shall be a run-off election between the two presidential candidates who have
obtained the highest number of votes.

55. Postponement of Elections of the President

1. Where election of the President of the Republic is not possible for any reason, as
shall be decided by the National Elections Commission according to the election
law, the National Elections Commission shall fix a new date for the elections as
soon as practicable, but not later than sixty days from the scheduled election
date.
2. Pending the holding of the postponed elections, the incumbent President of the
Republic shall continue as a caretaker President; and his tenure shall be extended
until the President elect takes the oath of office.

Oaths to abide by constitution 56. Oath of the President

To assume office, the President of the Republic elect shall take the following oath before
the National Legislature:-

"I.......................swear by Almighty God, that as the President of the Republic of the Sudan,
I shall be faithful and bear true allegiance to the Republic of the Sudan and shall
diligently and honestly discharge my duties and responsibilities in a consultative manner
to foster the welfare and development of the nation; that I shall obey, preserve and
defend the Constitution and abide by the laws of the Republic; and shall protect the
sovereignty of the country, promote its unity, consolidate the democratic decentralized

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system of government and preserve the integrity and dignity of the people of the Sudan;
and God is my witness."

Head of state term length

Head of state term limits
57. Tenure of Office of the President of the Republic
The tenure of office of the President of the Republic shall be five years, commencing
from the date of assumption of office, and the same President may be re-elected for one
more term only.

Head of state powers 58. Functions of the President of the Republic

1. The President of the Republic is the Head of the State and Government and
represents the will of the people and the authority of the State; he shall exercise
the powers vested in him by this Constitution and the Comprehensive Peace
Agreement and shall, without prejudice to the generality of the foregoing,
perform the following functions:-
a. preserve the security of the country and protect its integrity,
b. supervise the executive constitutional institutions and provide exemplary
leadership in public affairs,
c. appoint holders of constitutional and judicial posts in accordance with the
provisions of this Constitution and the 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 the law,
Power to declare/approve war g. declare and terminate the state of emergency in accordance with the
Emergency provisions provisions of this Constitution and the law,
h. initiate constitutional amendments and legislations and assent to laws,
Constitution amendment procedure i. approve death sentences, grant pardon, lift convictions and remit
Power to pardon penalties according to this Constitution and the national law,
j. represent the State in its foreign relations, appoint ambassadors of the
Foreign affairs representative State and accept credentials of foreign ambassadors,
k. direct and supervise the foreign policy of the State and ratify treaties and
Treaty ratification international agreements with the approval of the National Legislature,
International law
l. seek the opinion of the Constitutional Court on any matter in connection
with the Constitution,
m. any other functions as may be prescribed by this Constitution or the law.
2. Notwithstanding sub-Article (1) above, the President of the Republic shall, in
respect of the following matters, take decisions with the consent of the First Vice
President:-
a. declaration and termination of a state of emergency,
Emergency provisions b. declaration of war,
Power to declare/approve war c. appointments that the President of the Republic is required to make
Electoral commission according to Appendix B1 of the Comprehensive Peace Agreement,
Supreme court selection
Ordinary court selection
d. summoning, adjourning or proroguing the National Legislature.

59. Vacancy of the Office of the President of the Republic

The Office of the President of the Republic shall fall vacant in any of the following cases:-

a. expiry of his tenure of office,

b. death,

c. mental infirmity or physical incapacity as determined by a resolution of the

Head of state removal
National Legislature adopted by a three-quarters majority of all members,

d. impeachment in accordance with the provisions of this Constitution,

Head of state removal

e. submission of his resignation to the National Legislature.

Head of state removal 60. Immunity and Impeachment of the President and the First Vice
President
1. The President of the Republic and the First Vice President shall be immune from
Head of state immunity any legal proceedings and shall not be charged or sued in any court of law during
their tenure of office.

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2. Notwithstanding sub-Article (1) above, and in case of high treason, gross

violation of this Constitution or gross misconduct in relation to State affairs, the
President or the First Vice President may be charged before the Constitutional
Court upon a resolution passed by three quarters of all members of the National
Legislature.
3. In the event of conviction of the President of the Republic or the First Vice
President, in accordance with sub-Article (2) above, he shall be deemed to have
forfeited his office.

61. Contesting Acts of the President or the Presidency

Any person aggrieved by an act of the President of the Republic or the Presidency may
contest such act:-

a. before the Constitutional Court, if the alleged act involves a violation of this
Constitution, the Bill of Rights, the decentralized system of government, or the
Comprehensive Peace Agreement,

b. before a competent court of law, if the allegation is based on other legal grounds.

Deputy executive 62. The two Vice President[s], Assistants and Advisors
1. The elected President of the Republic shall appoint two Vice President[s], one
from Southern Sudan and the other from Northern Sudan. If the elected
President is from the North, the position of the First Vice President shall be filled
by the person who has been elected to the post of President of Government of
Southern Sudan, as the President's appointee to the said position. In the event
that a person from the South wins the Presidential elections, the elected
President shall appoint the First Vice President from the North upon the
recommendation of the party that won the highest number of northern seats in
the National Assembly.
2. The two Vice Presidents shall satisfy the same conditions required for the office
of the President of the Republic.
3. The President of the Republic may appoint assistants and advisors and define
their functions and seniorities.
4. To assume their respective offices, the two Vice Presidents, assistants and
Oaths to abide by constitution advisors shall take before the President of the Republic the same oath taken by
the President.

Deputy executive 63. Functions of the two Vice President[s]

1. The First Vice President shall have the following functions:-
a. act in the absence of the President of the Republic in accordance 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 post election period in the
event of the office of the President falling vacant,
f. any other function or duty that may be assigned to him by the President
of the Republic.
2. The [Second] Vice President shall have the following functions:-
a. act in the absence of the President of the Republic and the First Vice
President in accordance with the provisions of this Constitution,
b. membership of the National Council of Ministers,
c. membership of the Presidential Council and Commander-in-Chief of
Sudan Armed Forces should the office of the President of the Republic fall
vacant according to Articles 65 and 66 herein,
d. membership of the National Security Council,
e. any other function or duty that may be assigned to him by the President
taking into account the hierarchy within the Presidency.

64. Vacancy of the Office of the First Vice President

Should the office of the First Vice President fall vacant, the President of the Republic
shall appoint a new First Vice President in accordance with this Constitution.

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CHAPTER III. INTERIM PROVISIONS FOR THE

PRESIDENCY OF THE REPUBLIC

65. The Incumbent President and the First Vice President

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
Designation of commander in chief
and Commander-in-Chief of the Sudan Armed Forces in accordance with this
Constitution,

b. the Chairman of the Sudan People's Liberation Movement, or his successor, shall
be the First Vice President and shall at the same time be the President of
Government of Southern Sudan and Commander-in-Chief of the Sudan People's
Liberation Army in accordance with this constitution.

Head of state replacement 66. Vacancy of the Office of the President before Elections
Should the Office of the President of the Republic fall vacant before the elections:-

a. the functions of the President of the Republic shall be assumed by a Presidential

Council comprising the Speaker of the National Assembly and the two Vice
Presidents,

b. the Speaker of the National Assembly shall be chairperson to the Presidential

Council,

c. the Presidential Council shall take its decisions by consensus,

d. the Vice President shall be Commander-in-Chief of the Sudan Armed Forces,

e. notwithstanding Article 52 above or any other provision in this Constitution, the

Office of the President shall be filled by the nominee of the National Congress
Party within two weeks of the date of the occurrence of such vacancy.

Head of state replacement 67. Vacancy of the Office of the President after Elections
Should the office of the President of the Republic fall vacant after the elections:-

a. the functions of the President of the Republic shall be assumed by the

Presidential Council referred to in Article 66(a) above,

b. the First Vice President shall be the chairperson of the Presidential Council,

c. the Presidential Council shall take its decisions by consensus,

d. the First Vice President or the Vice President, whoever of them is from the
North, shall be the Commander-in-Chief of the Sudan Armed Forces,

e. the Post of the President of the Republic shall be filled through elections that
shall be conducted within sixty days in accordance with Article 52 of this
Constitution.

68. Vacancy of the Office of the First Vice President before Elections
Should the office of the First Vice President fall vacant prior to elections, it shall be filled
by the nominee of the Sudan People's Liberation Movement within two weeks of the
occurrence of that vacancy.

69. Interim Provisions for Tenure of Office of the President and the
First Vice President
1. Should the outcome of the referendum on self-determination confirm unity, the
President of the Republic and the First Vice President shall complete the tenure

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1. of their offices.
2. In the event of a vote for secession by the people of Southern Sudan, the
President of the Republic shall continue in office if he is from the North; however,
if the President is from the South he shall be deemed to have resigned and the
First Vice President shall assume the office of the President of the Republic to
complete the tenure to the next elections.

CHAPTER IV. THE NATIONAL COUNCIL OF MINISTERS

Establishment of cabinet/ministers 70. Composition and Competences of the National Council of Ministers
1. The President of the Republic shall, after consultation within the Presidency,
Cabinet selection appoint the National Council of Ministers.
2. The President of the Republic and the two Vice Presidents shall be members of
the National Council of Ministers.
3. Without prejudice to the powers vested in the President of the Republic and the
Presidency under this Constitution, decisions of the Council of Ministers shall
prevail over all other executive decisions.
4. The National Council of Ministers shall be the national executive authority in the
State in accordance with the provisions of this Constitution and the law; its
decisions shall be adopted by consensus or by simple majority.
5. There shall be national State ministers appointed by the President of the
Republic, after consultation within the Presidency; they shall assist the national
ministers and may act in their absence.
6. The national State ministers shall take the same oath of office of the national
Oaths to abide by constitution minister.

Oaths to abide by constitution 71. Oath of the National Minister

The national minister shall, upon his appointment, assume the functions of his office by
taking the following oath before the President of the Republic:-

"I ....................... having been appointed a national minister, do hereby swear by Almighty
God that I will at all times be faithful 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 the democratic decentralized system of
government established by the Constitution, and to faithfully serve the people and the
country to the best of my ability; and God is my witness."

Powers of cabinet 72. Functions of the National Council of Ministers

The National Council of Ministers shall have the following functions:-

a. planning State policy,

b. implementation of the Comprehensive Peace Agreement,

c. initiation of national legislative bills, national budget, international treaties,

Initiation of general legislation
bilateral and multilateral agreements,
Treaty ratification

Budget bills
d. receiving reports about national ministerial performance for review and action,

e. receiving reports on executive performance of states for purposes of information

and coordination, provided that in case of the states of Southern Sudan, reports
shall be received through the Government of Southern Sudan,

f. receiving reports on matters that are concurrent or residual and decides whether
it is competent to exercise such power in accordance with Schedules E and F
herein. If it so decides, it shall notify the other levels of government of its
intention to exercise such power. In case any other level of government objects
thereto, a committee shall be set up by the levels concerned to amicably resolve
the matter before resorting to the Constitutional Court,

g. any other functions assigned thereto by the President of the Republic and the
law.

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73. Functions of the National Minister

1. The national minister shall be the head of his ministry, and his decisions shall
prevail therein. However, the National Council of Ministers may review such
decisions; the President of the Republic may suspend the decision of a national
minister pending such review.
2. The national minister and corresponding ministers of Government of Southern
Sudan and states shall collaborate and establish relations among themselves in
fulfilling their respective constitutional obligations.
3. Perform any public or political role and provide leadership in public affairs to
achieve the objectives of national policy.
4. Any other functions or powers assigned by law or delegation.

74. Collective and Individual Responsibility of National Ministers

1. The national minister shall be answerable to the President of the Republic, the
National Council of Ministers and the National Assembly.
2. The national ministers shall be collectively and individually responsible before the
Legislative oversight of the executive National Assembly for the performance of the National Council of Ministers.
3. The national minister shall be bound by the decisions of the National Council of
Ministers.

75. Declaration of Wealth and Prohibition of Private Business

1. All executive and legislative constitutional office holders, Justices, and senior civil
Earnings disclosure requirement service officials shall, upon assumption of their offices, make confidential
declarations of their assets and liabilities including those of their spouses and
children in accordance with the law.
2. The President of the Republic, the two Vice Presidents, assistants and advisors,
the President of Government of Southern Sudan, national ministers, and other
constitutional office holders shall, during their tenure of offices, neither practice
any private profession, transact commercial business, nor receive compensation
or accept employment of any kind from any source other than the National
Government, the Government of Southern Sudan or a state government as the
case may be.

76. Vacancy of the Office of the National Minister

The office of the national minister shall fall vacant in any of the following cases:-

a. acceptance of resignation by the President of the Republic,

b. relief from office by the President of the Republic after consultation within the
Cabinet removal
Presidency,

c. death.

77. Confidentiality of Deliberations of the National Council of

Ministers
Deliberations of the National Council of Ministers shall be confidential; no minister shall
disclose, communicate or reveal such deliberations save by permission of the Council of
Ministers.

78. Contesting Ministerial Acts

Any person aggrieved by an act of the National Council of Ministers or a national
minister may contest such act:.

a. before the Constitutional Court, if the alleged act involves a violation of this
Constitution, the Bill of Rights, the decentralized system of government, or the
Comprehensive Peace Agreement,

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b. before the competent authority or court of law if the allegation is based on other
legal grounds.

CHAPTER V. THE GOVERNMENT OF NATIONAL UNITY

79. Objectives of the Government of National Unity
Prior to the elections and notwithstanding Article 70(1) of this Constitution, the
President of the Republic, in consultation with the First Vice President, shall form a
Government of National Unity, which shall implement the Comprehensive Peace
Agreement, reflecting the need for inclusiveness, the promotion of national unity and
the protection of national sovereignty.

80. Allocation of Seats of Government of National Unity

The seats of the Government of National Unity shall be allocated according to the
seventy percent to thirty percent North/South ratio, as follows:-

a. the National Congress Party shall be represented by fifty-two percent (forty-

nine percent for Northerners and three percent for Southerners),

b. the Sudan People's Liberation Movement shall be represented by twenty-eight

percent (twenty-one percent for Southerners and seven percent for
Northerners),

c. other Northern Political forces shall be represented by fourteen percent,

d. other Southern Political forces shall be represented by six percent.

81. Sharing of National Ministerial Portfolios

Portfolios in the National Council of Ministers, as clustered in Appendix (D) of the
Comprehensive Peace Agreement, shall be shared equitably and qualitatively in
accordance with the provisions of Article 80 above.

82. Duties of the Government of National Unity

The Government of National Unity shall undertake the following duties:-

a. administration and functioning of the State and the formulation and

Duty to obey the constitution
implementation of national policies in accordance with the provisions of this
Constitution,

b. establishment of a decentralized democratic system of governance taking into

account the cultural, ethnic, racial, religious, and linguistic diversity and gender
equality,

c. implementation of the Comprehensive Peace Agreement in a manner that

Provisions for wealth redistribution
makes the unity of the Sudan an attractive option especially to the people of
Southern Sudan, and pave the way for the exercise of the right of self-
determination according to Part Sixteen of this Constitution,

d. implementation of an information campaign throughout the Sudan in all national

languages to popularize the Comprehensive Peace Agreement, foster national
unity, reconciliation and mutual understanding,

e. taking all necessary measures to ensure that peace and stability prevail
throughout the country,

f. devising a comprehensive solution that addresses economic and social problems,

replacing conflict not just with peace, but also with social, political and economic
justice and respect the fundamental freedoms and rights of the people of the
Sudan,

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g. formulation of a repatriation, relief, rehabilitation, resettlement, reconstruction

and development plan to address the needs of the areas affected by the conflict
and redress the imbalances in development and resource allocation.

PART FOUR. THE NATIONAL LEGISLATURE

CHAPTER I. COMPOSITION AND FUNCTIONING OF THE

NATIONAL LEGISLATURE
Structure of legislative chamber(s) 83. Composition of the National Legislature
1. There shall be established a National Legislature composed of the following two
chambers:-
a. The National Assembly and
b. The Council of States.
2. The National Legislature shall conduct its business as prescribed in this
Constitution in joint sittings of the two Chambers, chaired by the Speaker of the
National Assembly and deputized by the Speaker of the Council of States.
3. Vote count shall be separate for each Chamber and governed by the quorum
specified in this Constitution.
4. Each Chamber shall sit separately to conduct its business as prescribed in this
Constitution.
5. The National Legislature, as well as each of its Chambers, shall make its own
internal regulations.

84. Composition of the National Assembly

1. The National Assembly shall be composed of members elected in free and fair
First chamber selection elections.
2. The National Elections Law shall determine the number of members and
composition of the National Assembly.

Second chamber selection 85. Composition of the Council of States

1. The Council of States shall be composed of two representatives from each state,
elected by the state legislature in accordance with the National Elections Law
and regulations set forth by the National Elections Commission.
2. Abyei Area shall have two observers at the Council of States, elected by Abyei
Area Council.

86. Eligibility for Membership of the National Legislature

1. The candidate for membership of either Chamber of the National Legislature
Eligibility for first chamber shall:-
Eligibility for second chamber
a. be a Sudanese,
b. be at least twenty-one years of age,
Minimum age for first chamber c. be of sound mind,
Minimum age for second chamber
d. be literate,
e. not have been convicted during the previous seven years of an offence
involving honesty or moral turpitude.
2. Membership of the National Assembly shall not be combined with representation
at the Council of States.
3. Members of Southern Sudan Assembly or Executive, Governors and members of
Outside professions of legislators state legislatures or executives, shall not be eligible for membership of the
National Legislature while occupying any of the aforementioned positions.
4. Representation at the Council of States shall not be combined with membership
Eligibility for cabinet of the National Council of Ministers.

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87. Lapse of Membership of the National Legislature

1. Membership of the National Legislature shall lapse by a resolution passed by the
Removal of individual legislators appropriate Chamber in any of the following cases:-
a. mental infirmity or physical incapacity,
b. conviction for an offence involving honesty or moral turpitude,
c. absence from one full session of the appropriate Chamber without
Attendance by legislators permission or acceptable excuse,
d. announcement of his written resignation in the appropriate Chamber,
e. change of political affiliation, identity or party on which he was elected to
the National Assembly,
f. relief by the appropriate state legislature by a decision supported by two-
thirds of its members in the case of representatives at the Council of
States,
g. assumption of the office of minister in the Government of Southern Sudan,
Governor or state minister,
h. death.
2. Upon vacation of the seat of a member or representative, his successor shall be
Replacement of legislators elected in the appropriate manner prescribed by this Constitution within a period
of ninety days.

88. Seat of the National Legislature

1. The National Legislature shall convene at the seat of the National Assembly.
However, the two Speakers may agree, for exceptional reasons, to convene a
sitting of the National Legislature elsewhere.
2. The National Assembly shall convene at its seat in Omdurman; however its
Speaker may exceptionally call it to convene elsewhere.
3. The Council of States shall have its seat in Omdurman, however, it may also hold
sessions in the Capital City of Southern Sudan or of any state, as may be decided
by its Speaker or the majority of the representatives.

Oaths to abide by constitution 89. Oath of Member of the National Legislature

To assume his functions, every member of the National Legislature shall take the
following oath before the appropriate Chamber:

"I.....................having been elected as Member of the National Assembly/Representative

at the Council of States, do hereby swear by Almighty God that I will bear faith and
allegiance to the Republic of the Sudan and its people; that I will obey and, respect the
Constitution of the country and abide by the law; and that I will faithfully and
conscientiously discharge my duties as a member of the National Legislature and serve
the people to the best of my ability; and God is my witness."

Term length for first chamber

Term length of second chamber
90. Term of the National Legislature
The term of each Chamber of the National Legislature shall be five years commencing
from the date of its first sitting.

91. Functions of the National Legislature

1. The National Legislature represents the will of the people and shall foster
national unity, exercise national legislative functions, oversee the National
Executive, and promote the decentralized system of government.
2. Without prejudice to the generality of sub-Article (1) above, the National
Legislature shall convene for the following purposes to:-
a. amend this Constitution and approve amendments affecting the
Comprehensive Peace Agreement that are presented by its signatories in
accordance with Article 224 of this Constitution,
b. discuss addresses by the President of the Republic,
c. authorize annual allocation of resources and revenues, in accordance with
Article 110 of this Constitution,
d. reconsider a bill which has been rejected by the President of the Republic
under Article 108(2) herein,

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2. e. promulgate the Southern Sudan Referendum Act provided for in Article

220(1) herein,
f. approve declaration of war,
Power to declare/approve war g. confirm declaration of state of emergency or termination thereof,
Emergency provisions h. impeach the President of the Republic or the First Vice President,
Head of state removal i. perform any other function determined by this Constitution or law.
3. The National Assembly shall be competent to:.
Division of labor between chambers a. assume legislation in all national powers, subject to sub-Article (5)(b),
First chamber reserved policy areas
b. approve plans, programmes and policies relating to the State and society,
c. approve the annual national budget,
Budget bills d. ratify international treaties, conventions and agreements,
Treaty ratification e. oversee the performance of the National Executive,
f. adopt resolutions on matters of public concern,
g. summon national ministers to present reports on the executive
Legislative oversight of the executive performance of the government in general or of specified ministries or
particular activities,
h. interrogate, at will, national ministers about their performance or the
Legislative oversight of the executive performance of their ministries and may recommend to the President of
the Republic, in a subsequent sitting, the removal of a national minister, if
he is deemed to have lost the confidence of the National Assembly.
4. The Council of States shall be competent to:.
Division of labor between chambers a. initiate legislations on the decentralized system of government and other
Second chamber reserved policy areas
issues of interest to the states and pass such legislations with two-thirds
majority of all representatives,
b. issue resolutions and directives that may guide all levels of government in
accordance with the provisions of Articles 24, 25 and 26 of this
Constitution,
c. approve by two-thirds majority of all representatives, the appointment of
the Justices of the Constitutional Court,
d. approve, by a two-thirds majority, national legislation referred to in Article
5(3)(a) of this Constitution or initiate national legislation which will
provide for such necessary alternative institutions, according to Article
5(3)(b) of this Constitution, as appropriate,
e. supervise the National Reconstruction and Development Fund,
f. decide on objections by states referred to it by the National Petroleum
Commission according to the provisions of Article 191(4)(d) of this
Constitution,
g. request statements from national ministers concerned regarding effective
implementation of the decentralized system and devolution of powers.
5. While sitting separately to transact business that falls within its competence,
each Chamber shall observe the following rules:-
a. any bill on a matter falling within the competence of either Chamber, shall
be tabled in that Chamber,
b. a bill passed by the National Assembly shall be referred to a standing
Inter-Chamber Committee for scrutiny and decision on whether it affects
the interests of the states. Should the Committee decide that the bill
affects the interest of the states, the bill shall be referred to the Council of
States,
c. should the Council of States introduce any amendments in the referred
bill, by a two thirds majority of the representatives or pass it as is, the bill
shall be sent to the President of the Republic for his assent without being
returned to the National Assembly,
d. no Chamber shall discuss any business of which the other Chamber is
seized, until it is finally referred to it.

Immunity of legislators 92. Immunity of Members of the National Legislature

1. Except where he is caught in the act of crime, no criminal proceedings shall be
initiated against a member of the National Legislature; neither shall any measure
be taken against his person or belongings without permission from the Speaker
of the appropriate Chamber.
2. In case the member or representative is charged with a serious crime the
appropriate Chamber may waive the immunity of the accused member or
representative.

Length of legislative sessions

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93. Sessions of the National Legislature

1. Each Chamber of the National Legislature shall hold its first sitting upon
convocation by the President of the Republic within thirty days following the
official declaration of the results of the elections. The first sitting shall be chaired
by the eldest of the members/representatives present.
2. Without prejudice to Article 58(2)(d), each Chamber shall determine the
commencement and closure dates of its sessions.
3. Either Chamber may convene an emergency or extraordinary session on the
Extraordinary legislative sessions request of half of its members or representatives or upon call from the President
of the Republic.

94. Officers of the National Legislature

1. Each Chamber shall have a Speaker and Deputy Speakers to be elected from
Leader of first chamber among its members at the first sitting.
Leader of second chamber
2. The Speaker shall preside over sittings of his Chamber, control order and
supervise the administrative affairs thereof. He shall represent the Chamber
inside and outside the Sudan.
3. Each Chamber of the National Legislature shall elect its leaders, chairpersons
and members of the specialized committees and any other committee as may be
determined by the internal regulations.
4. The Speaker shall, upon approval of his Chamber, appoint a Secretary General for
the Chamber; who shall not be a member or a representative. The Secretary
General shall be responsible for preparing the sessions of the Chamber and
running its administrative affairs under the supervision of the Speaker.
5. The National Assembly may consider broad inclusiveness in the apportionment
of its positions.

Legislative committees 95. Committees of the National Legislature

1. Each Chamber, in accordance with its internal regulations, shall have standing
specialized committees and ad hoc committees.
2. The two Chambers may form inter-chamber standing or ad hoc committees for
specific matters that are of concern to the two Chambers.

96. Regulations of the National Legislature

1. Each Chamber of the National Legislature shall, on the initiative of its Speaker,
make regulations for the conduct of its business.
2. The National Legislature shall make internal regulations on the initiative of the
Speakers of the two Chambers.

Quorum for legislative sessions 97. Quorum

1. The ordinary quorum for the sittings of the National Assembly shall be more than
half of the members; however, internal regulations may provide for a reduced
quorum that may not apply for the final presentation of bills.
2. The quorum for the sittings of the Council of States shall be more than half of the
representatives.

Publication of deliberations
Public or private sessions
98. Publicity of Sittings of the National Legislature
Secrecy of legislative votes
The sittings of the National Legislature and either of the two Chambers shall be open to
the public; their proceedings shall be published and may also be broadcast. However, the
National Legislature or either Chamber, may decide according to its internal regulations
that certain deliberations take place in camera.

99. Passing Legislative Resolutions

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 of those present, save in cases where this Constitution provides otherwise.

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100. Prerogative of Members of the National Legislature

Members of the National Legislature shall freely and responsibly express their opinions,
subject only to the provisions of the regulations of the appropriate Chamber. No legal
proceedings shall be initiated against any member, nor shall he be accountable before
any court of law only by reason of views or opinions that he may have expressed in the
course of performing his duties.

101. Address by the President of the Republic

The President of the Republic may personally or by a message address the National
Legislature or any of its Chambers. The National Legislature shall accord priority to such
request over any other business. The President of the Republic may also request the
opinion of the National Legislature on any subject.

102. Addresses by the Two Vice Presidents and Statements by

National Ministers and Governors
1. Any of the two Vice President of the Republic or the President of the
Government of Southern Sudan may request to address either Chamber of the
National Legislature. The concerned Chamber shall provide an opportunity for
hearing such address as promptly as possible.
2. A national minister may request to deliver a statement before either Chamber of
the National Legislature, whereas a Governor may request to make a statement
before the Council of States.

Legislative oversight of the executive 103. Addressing Questions by Members of the National Legislature
Members of the National Legislature may, in either Chamber, within the competence of
that Chamber and subject to its regulations, address questions to a national minister on
any subject relating to his duties; the said minister shall provide the appropriate
Chamber with a prompt reply.

Legislative oversight of the executive 104. Requesting Statements

Subject to the regulations of the concerned Chamber, either Chamber of the National
Legislature or any of its committees may request a national minister to deliver a
statement on any matter of concern.

105. General Summons

1. The National Assembly or any of its committees may summon any public official
or any person, other than the President of the Republic and the two Vice
President to testify before it, give opinion to the Assembly or any of its
committees.
2. Inquiry on any matter that falls within the direct responsibility of the National
Executive may only be made after notifying the President of the Republic.

106. Tabling of Bills

1. The President of the Republic, the Presidency, the National Council of Ministers,
Initiation of general legislation a national minister or a committee of the National Legislature may table a bill
before either Chamber of the National Legislature subject to their respective
competences.
2. A member of the National Legislature may table a private bill before the
Initiation of general legislation Chamber to which he belongs on a matter that falls within the competence of
that Chamber.
3. A private member bill shall not be tabled before the appropriate Chamber save
after being referred to the concerned committee to determine whether it
involves an issue of important public interest.

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107. Procedures for Presentation and Consideration of Bills

1. Bills presented to either Chamber of the National Legislature shall be submitted
for the first reading by being cited by title and thereby deemed to be tabled with
the appropriate Chamber. The bill shall then be submitted for a second reading
for general deliberation and approval in principle. Should the bill be passed in the
second reading, there shall be a third reading for deliberation in detail and
introduction of, and decision upon, any amendment. The bill shall then be
submitted in its final form for the final reading, at which stage the text of the bill
shall not be subject to further discussion and shall be passed section by section
and then passed as a whole.
2. After the first reading, the Speaker shall refer the bill to the appropriate
committee which shall make a general evaluation report for the purpose of the
second reading. The committee shall also present a report on the amendments
that the committee might or might not have endorsed in the third reading; the
Speaker may also refer the bill once again to the appropriate committee to
prepare a report on the final drafting in preparation for the final reading.
3. The Speaker or the appropriate committee, may seek expert opinion on the
viability and rationale of the bill; an interested body may also be invited to
present views on the impact and propriety of the bill.
4. The Chamber may[,] by a special resolution, decide on any bill as a general
committee or by summary proceedings.

Approval or veto of general legislation 108. Assent of the President of the Republic
1. Any bill approved by the National Legislature shall not become law unless the
President of the Republic assents to it and signs it into law. If the President
withholds assent for thirty days without giving reasons, the bill shall be deemed
to have been so signed.
2. Should the President of the Republic withhold assent to the bill and give reasons
within the aforementioned thirty days, the bill shall be re-introduced to the
National Legislature to consider the observations of the President of the
Republic.
3. The bill shall become law if the National Legislature again passes it by a two-
Veto override procedure thirds majority of all the members and representatives of the two Chambers; the
assent of the President of the Republic shall not be required for that bill to come
into force.

Head of state decree power 109. Provisional Orders

1. Should the National Legislature not be in session, the President of the Republic
may, on an urgent matter, issue a provisional order having the force of law;
however, such provisional order shall be submitted to the appropriate Chamber
of the National Legislature as soon as it is convened. Where the National
Legislature ratifies the provisional order as it is, it shall be promulgated as law,
but where the same is rejected by either Chamber or where the parliamentary
session ends without it being ratified, the provisional order shall lapse with no
retrospective effect.
2. Notwithstanding sub-Article (1) above, the President of the Republic shall not
make any provisional order on matters affecting the Comprehensive Peace
Agreement, the Bill of Rights, the decentralized system of government, general
elections, annual allocation of resources and financial revenues, penal
legislations, international conventions or agreements altering the borders of the
State.
3. Every law which was repealed or amended pursuant to a provisional order that
later lapsed, shall revive into force as it is, starting from the date when the
provisional order lapsed.
4. The National Assembly may delegate to the President of the Republic the power
to ratify international conventions and agreements while the National Assembly
is not in session; however, such ratified conventions or agreements shall not be
subject to subsequent ratification by the National Assembly and shall be
deposited before the National Assembly as soon as it is convened.

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110. Allocation of Resources and Revenues Bill

The President of the Republic shall cause to be presented to the National Legislature,
before the beginning of the financial year, a bill of the allocation of resources and
revenues in accordance with the provisions of this Constitution. The National
Legislature shall convene to approve that bill.

Budget bills 111. National Budget Bill

1. The President of the Republic shall cause to be presented to the National
Assembly before the beginning of the financial year the bill on the general budget
of the State, including a general evaluation of the economic and financial situation
of the country, detailed estimates of proposed revenues and expenditure for the
forthcoming year compared to those of the previous financial year, a statement
of the general budget, 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 financial and economic affairs within the
framework of the general budget.
2. The President of the Republic shall cause to be submitted to the National
Spending bills Assembly proposals of total expenditure entered into the budget as an
Finance bills
Tax bills
appropriation bill and proposals for taxes, fees and other levies as well as
borrowing, investment or 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 the total appropriation bill. Where the law
is passed, detailed estimates as specified in the general budget shall not be
exceeded save by a supplementary law. Surplus funds over revenue estimates
and funds out of the legal reserve shall not also be spent save by a
supplementary appropriation law.

112. Private Member Financial Bills

No member of the National Assembly shall, outside the context of the deliberations of
the draft general budget, present any private financial bill that entails abolition,
remittance or alteration of any tax, fee or other public revenue source or appropriation
or levy upon public funds other than service fees or pecuniary penalties.

113. Provisional and Supplementary Financial Measures

1. Notwithstanding the provisions of Article 109(2) above, the President of the
Tax bills Republic may wherever he deems it appropriate for public interests, make a
presidential order having the force of law, providing that the imposition of any
tax, or fee or the amendment thereof shall come into force, pending submission
of a bill requiring the same to the National Assembly. When that financial bill is
adopted or rejected, the force of the presidential order shall cease without the
rejection or amendment of the bill having retrospective effect.
2. Where the procedure of adopting the general budget and the appropriation bill is
Budget bills delayed beyond the beginning of the financial year, expenditure shall continue
pending adoption of the general budget, in accordance with the estimates
approved for the previous year, as if the same has been appropriated by law for
the new year.
3. Whenever new circumstances occur or a matter of public concern proves not to
have been satisfactorily addressed by the general budget, the President may
during the financial year cause to be submitted a financial bill, a supplementary
appropriation or an allocation out of the reserve funds, to which shall apply the
same provisions set out in respect of the general budget bill.

114. Final Accounts

The President of the Republic shall cause to be presented to the National Assembly
during the six months following the end of the financial year, final accounts for all
revenues and expenditure as are set forth in that year, as well as expenditure
withdrawn from the reserve funds; the Auditor General shall present his report on such
accounts to the National Assembly.

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115. Delegation of Powers of Subsidiary Legislation

The National Legislature or any of its Chambers may, by law, delegate to the President
of the Republic, the National Council of Ministers or any public body, the power to make
any subsidiary regulations, rules, orders or any other subsidiary instrument having the
force of law; provided that such subsidiary legislation shall be tabled before the
concerned Chamber and be subject to adoption or amendment by a resolution of that
Chamber in accordance with the provisions of its regulations.

116. Validity of the Proceedings of the National Legislature

No court or other authority shall call into question the validity of any proceedings of the
National Legislature or any of its Chambers on the basis of violation of its internal
regulations. A certificate duly signed by the appropriate Speaker shall be deemed to be
conclusive evidence of the validity of the said proceedings.

CHAPTER II. INTERIM PROVISIONS FOR THE NATIONAL

LEGISLATURE
First chamber representation quotas 117. Composition of National Legislature Prior to Elections
1. Pending elections, the National Assembly shall be composed of four hundred and
fifty members who shall be appointed by the President of the Republic in
consultation with the First Vice President, according to the seventy percent and
thirty percent north/south ratio, as follows:-
a. The National Congress Party shall be represented by fifty-two percent
(forty-nine percent for Northerners and three percent for Southerners),
b. Sudan People's Liberation Movement shall be represented by twenty-
eight percent (twenty-one percent for Southerners and seven percent for
Northerners),
c. Other Northern political forces shall be represented by fourteen percent,
d. Other Southern political forces shall be represented by six percent.
2. Until the elections are held, the representatives of states at the Council of States
and observers of Abyei Area shall be appointed by the President of the Republic
after consultation within the Presidency and, in the case of Southern Sudan, on
the recommendation of the President of Government of Southern Sudan after
consultation with state institutions.

118. Interim Provisions for Tenure of the National Legislature

1. Should the outcome of the referendum on self-determination confirm unity, the
National Legislature shall complete its tenure in accordance with the provisions
of this Constitution.
2. In the event of a vote for secession by the people of Southern Sudan, the seats of
the members and representatives of Southern Sudan in the National Legislature
shall be deemed to have fallen vacant and the National Legislature, being so
reconstituted, shall complete its tenure to the next elections.

PART FIVE. THE NATIONAL JUDICIAL

ORGANS

Establishment of constitutional court

CHAPTER I. THE CONSTITUTIONAL COURT

119. Establishment of the Constitutional Court

1. There shall be established in accordance with the provisions of this Constitution a
Constitutional Court of nine Justices of proven competence, integrity, credibility
and impartiality.

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2. The Constitutional Court shall be independent and separate from the National
Judiciary; the law shall determine the rules of procedure thereof.
3. Subject to Article 121 herein, the President and Justices of the Constitutional
Constitutional court term length Court shall be appointed for a term of seven years, subject to renewal. Their
emoluments shall be determined by law.
4. The Justices of the Constitutional Court shall perform their functions and apply
the law without interference, fear or favour.

120. Appointment of the President of the Constitutional Court and

Vacancy of Office
1. The President of the Constitutional Court shall be appointed by the President of
Constitutional court selection the Republic with the consent of the First Vice President, from justices approved
according to Article 121(1) herein. He shall be answerable to the Presidency.
2. The office of the President of the Constitutional Court shall fall vacant upon
death, resignation or removal.
3. The President of the Constitutional Court shall not be removed from office
Constitutional court removal except for incapacity or conduct incompatible with his status and only upon a
decision by the President of the Republic approved by two-thirds of all
representatives at the Council of States.

121. Justices of the Constitutional Court

1. All Justices of the Constitutional Court shall be appointed by the President of the
Constitutional court selection Republic in accordance with Article 58 (2) (c) herein and upon the
recommendation of the National Judicial Service Commission and subject to
approval by a two-thirds majority of all the representatives at the Council of
States.
2. Southern Sudan shall be adequately represented in the Constitutional Court.
3. A Justice of the Constitutional Court may only be removed upon an order of the
Constitutional court removal President of the Republic on the recommendation of the President of the
Constitutional Court and approved by a two-thirds majority of the
representatives of the Council of States.

Constitutional court powers

Constitutional interpretation
122. Competence and Jurisdiction of the Constitutional Court
1. The Constitutional Court shall be the custodian of this Constitution, the
constitutions of southern Sudan and the states; its decisions shall be final and
binding, it shall:-
a. interpret constitutional or legal provisions at the instance of the President
Constitutionality of legislation of the Republic, the National Government, the Government of Southern
Sudan, any state government, the National Assembly or the Council of
States,
b. have original jurisdiction to decide disputes that arise under this
Constitution and the Constitutions of Northern states at the instance of
government, juridical entities or individuals,
c. decide on appeals against the decisions of Southern Sudan Supreme Court
on the Interim Constitution of Southern Sudan and the Constitutions of
Southern Sudan states,
d. protect human rights and fundamental freedoms,
e. adjudicate on the constitutionality of laws or provisions in accordance with
Constitutionality of legislation this Constitution, the Interim Constitution of Southern Sudan or the
relevant state constitutions,
f. adjudicate on constitutional disputes between levels and organs of
government, in respect of areas of exclusive, concurrent or residual
competence.
2. The Constitutional Court shall have criminal jurisdiction over the President of the
Republic and the First Vice President in accordance with Article 60(2) herein, it
shall also have criminal jurisdiction over the Vice President, the Speakers of the
National Legislature and the Justices of the National Supreme Court and
Southern Sudan Supreme Court.

CHAPTER II. THE NATIONAL JUDICIARY

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123. The National Judicial Authority

1. The National judicial authority in the Republic of the Sudan shall be vested in the
National Judiciary.
2. The National Judiciary shall be independent of the Legislature and the Executive,
Judicial independence with the necessary financial and administrative independence.
3. The National Judiciary shall have judicial competence to adjudicate on disputes
and render judgments in accordance with the law.
4. The Chief Justice of the Republic of the Sudan, who is the head of the National
Judiciary and the President of the National Supreme Court, shall be answerable
to the President of the Republic for the administration of the National Judiciary.
5. All organs and institutions of the State shall execute the judgments and orders of
the courts.

Structure of the courts 124. The Structures of the National Judiciary

The National Judiciary shall be structured as follows:.

a. The National Supreme Court,

b. National Courts of Appeal,

c. Other national courts.

Supreme court powers 125. The National Supreme Court

1. The National Supreme Court shall:.
a. be a court of cassation and review in respect of any criminal, civil matters
arising out of, or under national laws, or personal matters,
b. have criminal jurisdiction over the Justices of the Constitutional Court,
c. review death sentences imposed by any court in respect to matters
arising out of, or under national laws,
d. have such other jurisdiction as determined by this Constitution and the
law.
2. The Chief Justice of the Republic of the Sudan may establish panels for the
purposes of considering and deciding on matters requiring special expertise,
including commercial, personal or labour matters.

Structure of the courts 126. National Courts of Appeal

The number, competences and procedures of National Courts of Appeal shall be
determined by the law.

Structure of the courts 127. Other National Courts

Other national courts shall be established by law as deemed necessary.

128. Independence of Justices and Judges

1. All Justices and Judges shall be independent and shall perform their functions
without influence.
2. Justices and Judges shall uphold the Constitution and the rule of law and shall
administer justice diligently, impartially and without fear or favour.
3. Tenure of office of Justices and Judges shall not be affected by their judgements.

Establishment of judicial council 129. The National Judicial Service Commission

1. The President of the Republic, after consultation within the Presidency, shall
establish a commission to be known as the National Judicial Service Commission
to undertake the overall management of the National Judiciary; its composition
and functions shall be prescribed by law.
2. The Chief Justice of the Republic of the Sudan, as the head of the National
Judiciary, shall chair the National Judicial Service Commission.

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3. The National Judicial Service Commission shall regulate the relations between
judiciaries at the National, Southern Sudan and states level. In the case of
Southern Sudan, the regulation shall be made in consultation with the President
of the Supreme Court of Southern Sudan.

Ordinary court selection

Supreme court selection
130. Appointment of Justices, Judges and their Terms and Conditions
Establishment of judicial council of Service
1. Having regard to competence, integrity and credibility, the Chief Justice of the
Republic of the Sudan, his deputies, Justices and Judges shall be appointed by the
President of the Republic in accordance with Article 58(2)(c) herein, where
applicable, and upon the recommendation of the National Judicial Service
Commission.
2. The law shall determine the terms of service, discipline and immunities of
Supreme court term length Justices and Judges.
Supreme court term limits
3. Southern Sudan shall be adequately represented in the National Supreme Court
and other national courts that are situated in the National Capital.

131. Discipline of Justices and Judges

1. Discipline of Justices and Judges shall be exercised by the Chief Justice in
accordance with the law.
2. Justices and Judges may only be removed by an order of the President of the
Supreme/ordinary court judge removal Republic for gross misconduct, incompetence and incapacity in accordance with
the law and upon recommendation of the Chief Justice and with approval of the
National Judicial Service Commission.

132. Appointment of Justices and Judges of Southern Sudan

The President of Government of Southern Sudan shall, within one week after the
adoption of the Interim Constitution of Southern Sudan, appoint, without prejudice to
Article 130(1) herein, the President and Justices of Southern Sudan Supreme Court,
Judges of Courts of Appeal and other courts having regard to competence, integrity,
credibility and impartiality as shall be determined by that Constitution and the law.

PART SIX. PUBLIC ATTORNEYS AND

ADVOCACY

133. Public Attorneys

1. The public attorneys and the State legal advisors shall be under 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 law reform, strive to protect public and private rights, advise on legal
matters and render legal aid.
2. The National Minister of Justice is the chief legal advisor of the National
Attorney general Government, he shall be the prosecuting authority at the national level and at
the northern states and may perform any such other functions of legal character
as may be prescribed by law.
3. The State legal advisors shall perform their duties faithfully and impartially
according to this Constitution and the law.
4. Functions, immunities, emoluments, terms and conditions of service of the State
legal advisors shall be prescribed by law.
5. In the interest of justice and effectiveness in the execution of their legal duties,
the National Ministry of Justice and the Ministry of Legal Affairs and
Constitutional Development of Southern Sudan shall co-ordinate, co-operate and
assist each other in the fulfillment of their functions and may to this end,
establish the necessary mechanisms and channels of implementation.

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134. Advocacy
1. Advocacy is an independent private profession and shall be regulated by law.
2. Advocacy shall promote, protect and advance the fundamental rights of citizens.
Advocates shall serve to prevent injustice, defend the legal rights and interests
of their clients, seek conciliation between adversaries and may render legal aid
for the needy according to law.

PART SEVEN. THE NATIONAL CIVIL SERVICE

Principles and Guidelines for the National Civil Service

Employees

135. The National Civil Service

1. The National Civil Service shall consist of all employees at the national level of
government who shall impartially carry out 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.

Civil service recruitment 136. Guidelines for Inclusiveness in the National Civil Service
The National Civil Service, notably at the senior and middle-levels, shall be
representative of the people of the Sudan; to ensure this, the following principles and
guidelines shall be recognized and observed:-

a. imbalances and disadvantages in recruitment shall be redressed,

b. merit is important and training is necessary,

c. no level of government shall discriminate against any qualified 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 achieve targets for equitable
representation within a specified time frame,

f. creation of additional training opportunities for conflict-affected people.

137. The National Civil Service Commission

1. A National Civil Service Commission shall be established and shall be composed
of persons of proven competence, experience, integrity and impartiality.
2. The National Civil Service Commission shall advise the national government in
the formulation and execution of policies related to public service employment
and employees.
3. The National Civil Service Commission shall address imbalances in the National
Civil Service in order to create a sense of national belonging.

138. Interim Tasks of the National Civil Service Commission

The National Civil Service Commission shall have the following tasks:-

a. formulation of policies for training and recruitment into the national civil service,
targeting between twenty to thirty percent of the positions to be confirmed upon
the outcome of the census referred to herein for people of Southern Sudan who
qualify,

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b. ensuring that not less than twenty percent of the middle and upper level
positions in the national civil service, including the positions of undersecretaries,
are filled with qualified persons from Southern Sudan within the first three years
of the Interim Period and achieving twenty five percent in five years 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 policies and setting new goals and targets as
necessary, taking into account the census results.

139. National Employees Justice Chamber

1. There shall be established by law a National Employees Justice Chamber and
shall be composed of chairperson and members of proven competence,
experience, integrity and impartiality.
2. The National Employees Justice Chamber shall, without prejudice to the right of
resorting to courts, be competent to consider and determine grievances by
national public service employees.
3. The supervision over the Chamber and appointment of its chairperson shall be
made by the President of the Republic.

PART EIGHT. INDEPENDENT NATIONAL

INSTITUTIONS AND COMMISSIONS

140. The National Constitutional Review Commission

1. The National Constitutional Review Commission shall continue to perform its
functions as prescribed by the Comprehensive Peace Agreement.
2. The Presidency may review the composition and functions of the National
Constitutional Review Commission.

Electoral commission
141. National Elections Commission
1. There shall be established, within one month after the adoption of the National
Elections Law, a National Elections Commission composed of nine independent,
competent, non-partisan, impartial and representative personalities to be
selected and appointed by the President of the Republic in accordance with
Article 58(2)(c) herein.
2. The National Elections Commission shall be the only body to assume the
following functions:-
a. prepare the general electoral roll and pursue its annual revision,
b. organize and supervise, in accordance with the law, the elections for the
President of the Republic, the President of Government of Southern
Sudan, Governors, the National Legislature, Southern Sudan Assembly
and state legislatures in accordance with the law,
c. organize and supervise any referendum in accordance with this
Constitution without prejudice to Articles 183(3) and 220(2) herein,
d. perform any other relevant electoral functions as may be prescribed by
law.
3. The National Elections Law shall specify general rules and procedures to govern
elections as well as functions and terms and conditions of service of the National
Elections Commission.

Human rights commission

142. Human Rights Commission
1. The President of the Republic shall, after consultation within the Presidency,
establish an independent Human Rights Commission consisting of fifteen

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1. independent, competent nonpartisan and impartial members. Their appointment

shall be representative. It shall be independent in decision making.
2. Representative of relevant government organs shall take part in the
deliberations of the Commission in advisory capacity.
3. The Human Rights Commission shall monitor the application of the rights and
freedoms provided for in the Bill of Rights and shall receive complaints on
violations thereof.
4. The Human Rights Commission may express opinion or present advice to State
organs on any issue related to human rights.
5. The law shall specify the functions, powers, procedures, terms and conditions of
service of the Commission.

Ombudsman
143. Public Grievances Chamber
1. There shall be established an independent body, to be known as the Public
Grievances Chamber. Its chairperson and members shall be nominated by the
President of the Republic from among persons of competence and integrity and
approved by the National Assembly. The Chamber shall be responsible to the
President of the Republic and the National Assembly.
2. Without prejudice to the jurisdiction of courts of law, the Chamber shall
investigate complaints relating to injustice sustained by citizens in consequence
of maladministration in the national institutions. The Chamber shall not
investigate matters where the complainant or the aggrieved person has the right
of recourse or appeal to courts of law or tribunal or to a remedy by the same.
3. The Chamber shall make recommendations or propose remedies to the
Presidency. The Chamber may on its own motion recommend to the Presidency
or the National Assembly any measures it deems fit to ensure efficiency, justice
or probity in the performance of the national governmental institutions in
coordination with the various State organs.
4. The law shall regulate the functions, procedures, terms and conditions of service
of the members and employees of the Chamber.

PART NINE. ARMED FORCES, LAW

ENFORCEMENT AGENCIES AND NATIONAL
SECURITY

CHAPTER I. THE NATIONAL ARMED FORCES

144. Status of Forces

1. The Sudan Armed Forces and the Sudan People's Liberation Army shall remain
separate, regular, professional and non-partisan armed forces and shall be
treated equally as the Sudan National Armed Forces.
2. The mission of the Sudan National Armed Forces is to defend the sovereignty
and secure the territorial integrity of the country and participate in its
reconstruction and assist in addressing national disasters in accordance with this
Constitution. The law shall stipulate the conditions in which the civil authority
may resort to the engagement of the armed forces in missions of non-military
nature.
3. The Sudan National Armed Forces and the Joint/Integrated Units shall defend
the constitutional order, respect the rule of law, the civilian government,
democracy, basic human rights and the will of the people; they shall undertake
the responsibility of the defence of the country against external and internal
threats in their respective areas of deployment and shall be involved in
addressing constitutionally specified emergencies.
4. The military service, military courts and military legal services shall be regulated
by law for the Sudan Armed Forces, the Sudan People's Liberation Army and the
Joint/Integrated Units.

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145. Joint/Integrated Units

1. There shall be formed Joint/Integrated Units consisting of equal numbers, from
the Sudan Armed Forces and the Sudan People's Liberation Army. The
Joint/Integrated Units shall constitute a nucleus of the post-referendum army of
the Sudan, should the result of the referendum confirm unity; otherwise they
would be dissolved and the component parts integrated into their respective
forces.
2. Character, functions, size and deployment of the Joint/Integrated Units shall be
governed by the Comprehensive Peace Agreement.

146. Command and Control of Joint/Integrated Units and Coordination

between the Armed Forces
1. The Joint Defence Board, that shall be established in accordance with the
Comprehensive Peace Agreement, shall assume command and control of the
Joint/Integrated Units.
2. Coordination between the Sudan Armed Forces and the Sudan People's
Liberation Army shall be the function of the Joint Defence Board.

147. The Permanent Ceasefire

1. The permanent ceasefire, provided for in the Comprehensive Peace Agreement,
shall be fully enforced.
2. The permanent ceasefire shall be internationally monitored and fully respected
by all Sudanese.

CHAPTER II. THE LAW ENFORCEMENT AGENCIES

148. The Police

1. The Police is a regular service force whose mission is to maintain law and order;
its service shall be open to all Sudanese to reflect the diversity and multiplicity of
the Sudanese society; it shall discharge its duties with impartiality and integrity
in compliance with the law and the nationally and internationally accepted
standards.
2. The Police shall be decentralized in accordance with the Comprehensive Peace
Agreement as follows:.
a. The national level, the powers and functions of which shall be prescribed
by law in accordance with this Constitution,
b. The southern Sudan level, the powers and functions of which shall be
prescribed by the Interim Constitution of Southern Sudan and the law,
c. The state level, the powers and functions of which shall 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 the discharge of their functions, and to that end,
shall recommend, through their respective authorities to the Presidency the
establishment of these necessary mechanisms.

149. Prisons and Wildlife Services

1
a. There shall be established at the National, Southern Sudan and state levels,
prison services whose functions, terms and conditions of service shall be
prescribed by law,

b. Prisons are correctional and rehabilitative institutions; treatment that is cruel,

inhuman, degrading of the prisoners' dignity, or that may expose their health to
danger shall be prohibited and punishable by law.

2. Pursuant to Article 11(2) of this Constitution, there shall be established at the

National, Southern Sudan and state levels, wildlife protection service whose

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2. functions and terms and conditions of services shall be prescribed by law.

CHAPTER III. THE NATIONAL SECURITY

150. The National Security Council

1. There shall be at the national level a National Security Council, the composition
and functions of which shall be determined by a National Security Act.
2. The National Security Council shall define the national security strategy based on
the analysis of all threats to security of the Sudan.
3. There shall be established security committees at the Government of Southern
Sudan and state levels; their composition and functions shall be prescribed by the
National Security Act.

151. The National Security Service

1. There shall be established a National Security Service that shall be charged with
the external and internal security of the country; its mission, mandate, functions,
terms and conditions of service shall be prescribed by the National Security Act.
2. The National Security Service shall be representative of the people of the Sudan;
Southern Sudan shall, in particular, be equitably represented therein.
3. The National Security Service shall be professional and its mandate shall focus on
information gathering, analysis and advice to the appropriate authorities.
4. There shall be established National Security Service offices throughout the
Sudan.
5. The National Security Service shall be under the supervision of the Presidency.

PART TEN. THE NATIONAL CAPITAL

National capital
152. The National Capital
Khartoum shall be the National Capital of the Republic of the Sudan, and shall be a
symbol of national unity that reflects the diversity of the country.

153. Administration of the National Capital

1. The administration of the National Capital shall be representative. The parties
signatory to the Comprehensive Peace Agreement shall be adequately
represented therein.
2. The adequate representation shall be determined by the Presidency in
consultation with the Governor of Khartoum.

154. Respect for Human Rights in the National Capital

Human rights and fundamental freedoms as specified in this Constitution, including
respect for all religions, beliefs and customs, being of particular significance in the
National Capital, which symbolizes national unity, shall be guaranteed and enforced in
the National Capital.

155. Law Enforcement Agencies in the National Capital

Law enforcement agencies of the National Capital shall be representative of the
population of the Sudan and shall be adequately trained and made sensitive to the
cultural religious and social diversity in the Sudan.

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156. Dispensing Justice in the National Capital

Without prejudice to the competence of any national institution to promulgate laws
judges and law enforcement agencies shall, in dispensing justice and enforcing law in the
National Capital, be guided by the following:-

a. tolerance shall be on the basis of peaceful coexistence between the Sudanese

people of different cultures, religions and traditions,

b. behaviour based on cultural practices and traditions, which does not disturb
public order, is not disdainful of other traditions and not in violation of the law,
shall be deemed in the eyes of the law as an exercise of personal freedoms,

c. personal privacy is inviolable and evidence obtained in violation of such privacy

Regulation of evidence collection
shall not be admissible in the court of law,

d. the judicial discretion of courts to impose penalties on non-Muslims shall observe

the long-established Sharia principle that non-Muslims are not subject to
prescribed penalties and therefore remitted penalties shall apply,

e. leniency and granting the accused the benefit of the doubt are legal principles of
universal application and required by the circumstances of the Sudan.

157. The Non-Muslims Rights Special Commission

1. The Presidency shall establish in the National Capital a special commission for
the rights of Non-Muslims which shall have the following functions:-
a. to ensure that the rights of Non-Muslims are protected in accordance
with the general principles provided for under Articles 154 and 156 of this
Constitution,
b. ensure that Non-Muslims are not adversely affected by the application of
the Sharia law in the National Capital.
2. The special commission shall submit its observations and recommendations to
the Presidency.

158. Mechanism for Guarantees

A system shall be established to guarantee the implementation of Article 156 above,
which includes:-

a. judicial circulars to guide the courts as to how to observe the foregoing principles,

b. establishment of specialized courts to conduct trials in accordance with the

principles referred to above,

c. establishment of specialized public attorneys to conduct investigations and pre-

trial proceedings in accordance with the principles referred to above.

PART ELEVEN. GOVERNMENT OF

SOUTHERN SUDAN

CHAPTER I. ESTABLISHMENT OF GOVERNMENT OF

SOUTHERN SUDAN
159. Organs of the Government of Southern Sudan
There shall be established in southern Sudan, as per its boundaries of January 1st,
1956, a government to be known as the Government of Southern Sudan which shall

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have legislative, executive and judicial organs.

Transitional provisions 160. Interim Constitution of Southern Sudan

1. The Government of Southern Sudan shall function in accordance with the Interim
Constitution of Southern Sudan, which shall be drafted by an inclusive Drafting
Committee and adopted by a transitional Southern Sudan Assembly by a two-
thirds majority of all members. The Interim Constitution of Southern Sudan shall
conform to this Constitution.
2. The Southern Sudan Assembly may amend the Interim Constitution of Southern
Sudan by a two-thirds majority vote of all members.

161. The Powers of the Government of Southern Sudan

The powers of Government of Southern Sudan shall be as set forth in Schedules B and C,
read together with Schedules E and F of this Constitution, the Interim Constitution of
Southern Sudan, and the Comprehensive Peace Agreement.

162. Primary Responsibilities of the Government of Southern Sudan

The primary responsibilities of the Government of Southern Sudan shall be to promote
good governance, development and justice, exercise authority in respect of southern
Sudan and the states of southern Sudan, act as the link between the National
Government and the states of southern Sudan and to ensure the protection of rights
and interests of the people of southern Sudan.

CHAPTER II. THE EXECUTIVE OF SOUTHERN SUDAN

163. The President of the Government of Southern Sudan

1. The President of the Government of Southern Sudan shall be elected directly by
the people of southern Sudan, according to the Interim Constitution of Southern
Sudan. Such elections shall be in accordance with the provisions set forth by the
National Elections Commission.
2. The tenure of office of the President of the Government of Southern Sudan shall
be five years commencing from the date of assumption of office; he may be re-
elected for one additional term only.
3. Should the post of the President of the Government of Southern Sudan fall
vacant, pending the elections within sixty days, and swearing in of the President
elect, the functions of the President of the Government of Southern Sudan shall
be assumed by the Vice President of the Government of Southern Sudan.

164. The Vice President of the Government of Southern Sudan

The Vice President of the Government of Southern Sudan shall be appointed in
accordance with the provisions of the Interim Constitution of Southern Sudan.

165. Southern Sudan Council of Ministers

1. There shall be established a Southern Sudan Council of Ministers to be appointed
by the President of Government of Southern Sudan, in consultation with the Vice
President and approved by Southern Sudan Assembly. The Government of
Southern Sudan shall be established with due regard to the need for inclusiveness
in recognition of ethnic, religious diversity and gender.
2. The President and Vice President of the Government of Southern Sudan shall be
members of Southern Sudan Council of Ministers.

166. Accountability of Southern Sudan Council of Ministers

Southern Sudan Council of Ministers shall be accountable to the President of the
Government of Southern Sudan and the Southern Sudan Assembly, in the performance
of its functions, and may be removed by a motion supported by a two-thirds of all
members of the Southern Sudan Assembly.

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167. Special Obligations of the Government of Southern Sudan

The Government of Southern Sudan shall discharge its duties and exercise its powers as
set forth in this Constitution, the Interim Constitution of Southern Sudan, the
Comprehensive Peace Agreement and any other agreement relating to the
development and reconstruction of Southern Sudan.

168. Southern Sudan Independent Institutions and Commissions

1. The Government of Southern Sudan shall establish such independent institutions
as provided for by the Comprehensive Peace Agreement, this Constitution and
the Interim Constitution of Southern Sudan. It shall be empowered to establish
such other commissions and institutions compatible with its powers as it deems
necessary to promote the welfare of its people, good governance and justice.
2. Without prejudice to the generality of sub-Article (1) above, there shall be
established at Southern Sudan level, a Southern Sudan Civil Service Commission,
Public Grievances and Restitution Board and Employees Justice Chamber; their
functions and terms of service shall be regulated by law.

CHAPTER III. THE LEGISLATURE OF SOUTHERN SUDAN

169. Establishment of Southern Sudan Legislative Assembly
1. There shall be established the Southern Sudan Legislative Assembly in
accordance with the Interim Constitution of Southern Sudan.
2. Prior to elections, there shall be constituted, in accordance with Article 176(4)
Transitional provisions herein, a transitional Southern Sudan Legislative Assembly to adopt the Interim
Constitution of Southern Sudan; it shall thereafter be reconstituted into the
Southern Sudan Legislative Assembly.

170. Assignment of Powers to the Government of Southern Sudan

When enacting the Interim Constitution of Southern Sudan, the transitional Southern
Sudan Legislative Assembly shall assign to the Government of Southern Sudan such
powers as set forth in Schedules B and D, read together with Schedules E and F herein.

171. Powers of Southern Sudan Assembly

1. Apart from applicable national legislation on matters that fall within the sole
authority of the National Government as set forth in Schedule (A), legislative
authority in Southern Sudan shall be vested in Southern Sudan Legislative
Assembly.
2. The Southern Sudan Legislative Assembly shall determine its rules of procedure,
elect its Speaker, Deputy Speaker and other officers as shall be provided for by
the Interim Constitution of Southern Sudan.

CHAPTER IV. THE JUDICIARY OF SOUTHERN SUDAN

172. The Structure of the Judiciary of Southern Sudan

1. Judicial competence in southern Sudan shall be vested in an independent
institution to be known as the Judiciary of Southern Sudan.
2. The Judiciary of southern Sudan shall be independent of the executive and the
legislature.
3. The Judiciary of Southern Sudan shall be structured as follows:-
a. The Supreme Court of Southern Sudan,
b. Courts of Appeal,
c. Other courts or tribunals as deemed necessary to be established in
accordance with the Interim Constitution of Southern Sudan and the law.

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173. The Supreme Court of Southern Sudan

1. The Interim Constitution of Southern Sudan shall provide for the establishment of
the Supreme Court of Southern Sudan which shall be the highest judicial
institution in Southern Sudan.
2. Appeals may be submitted from Southern Sudan courts, state courts or other
courts to the Supreme Court of Southern Sudan on matters brought under or
relating to national, Southern Sudan and state laws as may be determined by the
Interim Constitution of Southern Sudan and the law.

174. Competences of the Supreme Court of Southern Sudan

The Supreme Court of Southern Sudan shall:-

a. be the court of final judicial instance in respect of any litigation or prosecution

under Southern Sudan or state law, including statutory and customary law, save
that any decisions arising under national laws shall be subject to review and
decision by the National Supreme Court,

b. have original jurisdiction to decide on disputes that arise under the Interim
Constitution of Southern Sudan and the Constitutions of Southern Sudan states
at the instance of individuals, juridical entities or government,

c. adjudicate on the constitutionality of laws and set aside or strike down laws or
provisions of laws that contradict the Interim Constitution of Southern Sudan or
the constitutions of Southern Sudan states,

d. be a court of review and cassation in respect of any criminal or civil matter

arising out of or under Southern Sudan laws,

e. have criminal jurisdiction over the President and Vice President of the
Government of Southern Sudan and the Speaker of Southern Sudan Legislative
Assembly,

f. review death sentences imposed by Southern Sudan courts in respect of matters

arising out of or under Southern Sudan laws,

g. have such other jurisdiction as shall be determined by the Interim Constitution of

Southern Sudan, the Comprehensive Peace Agreement or the law.

175. Justices and Judges of Southern Sudan

1. Justices and Judges of Southern Sudan are independent and shall perform their
functions without interference, administer justice and apply the law without fear
or favour. The provisions of the Interim Constitution of Southern Sudan and the
law shall protect their independence.
2. Southern Sudan Legislative Assembly shall provide for appointments, terms and
conditions of service and dismissal of Southern Sudan appointed Justices and
Judges.

CHAPTER V. INTERIM PROVISIONS FOR SOUTHERN

SUDAN

176. Interim Provisions for Southern Sudan

Prior to elections the following arrangements shall apply:-

1. The Chairman of the Sudan People's Liberation Movement, or his successor, shall
be the President of Government of Southern Sudan and Commander-in-Chief of
the Sudan People's Liberation Army.

2. Should the office of the President of Government of Southern Sudan fall vacant,
not withstanding Article 163(3) above, the office shall be filled, within two weeks,
by the nominee of the Sudan People's Liberation Movement.

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3. Representation in the Government of Southern Sudan shall be as follows:-

a. the Sudan People's Liberation Movement shall be represented by seventy

percent,

b. the National Congress Party shall be represented by fifteen percent,

c. the other Southern Sudan political forces shall be represented by fifteen

percent.

4. The transitional Southern Sudan Assembly shall be an inclusive Constituent

Legislature composed of one hundred and seventy members appointed by the
President of the Government of Southern Sudan after broad consultation with
the relevant political forces in accordance with the following:-

a. seventy percent representing the Sudan People's Liberation Movement,

b. fifteen percent representing the National Congress Party,

c. fifteen percent representing the other southern Sudan political forces.

PART TWELVE. THE STATES AND ABYEI

AREA

Subsidiary unit government

177. States of the Sudan
1. The Republic of the Sudan shall be decentralized and composed of states.
2. The National Legislature shall determine the number of states as well as their
names, capitals and geographical boundaries; provided that such legislation shall
be issued and amended in accordance with the provisions of Article 91(4)(a)
herein. However, the January 1st, 1956 boundary between the North and the
South shall be inviolable subject to Article 183(4) of this Constitution.

178. State Organs

1. There shall be legislative, executive and judicial organs at state level which shall
function in accordance with this Constitution, the relevant state constitution and,
in respect of the states of Southern Sudan, also in accordance with the Interim
Constitution of Southern Sudan.
2. The state shall promote and empower local government. Organization of the
local government and elections to its respective institutions shall be conducted in
accordance with the relevant state constitution.

Subsidiary unit government

179. State Executive
1. The state executive shall be headed by a Governor elected by the people in the
state, in compliance with the procedures prescribed by the National Elections
Commission and in accordance with this Constitution, the Interim Constitution of
Southern Sudan where applicable, the relevant state constitution and the law.

2
a. The state legislature may, in accordance with the state constitution, pass,
by three quarters majority of all its members, a vote of no-confidence in
the Governor,

b. Should the state legislature pass a vote of no-confidence as stated in sub-

Article (a) above, the President of the Republic shall call the state
electorate for snap elections of the Governor to be conducted within sixty

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b. days. If the concerned state is a Southern Sudan state, the President of

the Republic shall act upon a request that shall be made by the President
of the Government of Southern Sudan,

c. The Governor elected in the snap elections shall serve for the remainder
of the original tenure,

d. Should the Governor who was subjected to the vote of no-confidence be

re-elected, the state legislature shall be deemed to have been dissolved.
A new state legislature shall be elected within three months to complete
the tenure of the dissolved legislature,

e. A vote of no-confidence in the Governor shall not be passed before he

spends twelve months in office.

3. The state council of ministers shall be appointed by the Governor in accordance

with the state constitution.
4. The state ministers shall be individually and collectively accountable to the
Governor and the state legislature in the performance of their functions; a state
minister shall be removed by the Governor or on a motion supported by two-
thirds of all the members of the state legislature.
5. The Governor shall, together with the state council of ministers appointed by
him, exercise the executive powers of the state which shall be in respect of the
functional areas in Schedules C and D read together with Schedules E and F
herein and such other executive competences as are conferred upon the state by
this Constitution, the Interim Constitution of Southern Sudan and the state
constitution.

Subsidiary unit government

180. State Legislature
1. The state shall have a state legislature composed of members elected in
accordance with the state constitution and the law and as set forth by the
National Elections Commission.
2. The state legislature shall prepare and adopt the state interim constitution
provided that it shall be in conformity with this Constitution, the Interim
Constitution of Southern Sudan where applicable and the Comprehensive Peace
Agreement.
3. The state legislature shall have law-making competence in respect of the
functional areas listed in Schedules C and D read together with Schedules E and F
herein.
4. The state legislature shall decide its own rules of procedure, appoint its
committees and elect its speaker and other officers.
5. Governors and members of state councils of ministers and legislatures shall have
immunities as are provided for by law.

Subsidiary unit government

181. State Judiciary
1. The state constitution shall provide for the establishment of such state courts by
the state judiciary as necessary.
2. State courts shall have civil and criminal jurisdiction in respect of state, Southern
Sudan, and national laws, save that a right of appeal shall lie as provided in this
Constitution, the Interim Constitution of Southern Sudan whenever applicable,
however, national legislation shall determine the civil and criminal procedures in
respect of litigation or prosecution under National laws in accordance with this
Constitution.
3. State legislations shall provide for:-
a. the appointment and dismissal of lay magistrates,
b. guarantees for the independence and impartiality of state judiciary and
ensure that Judges are not subjected to any interference.
4. The structures and powers of the courts of the states of Southern Sudan shall be
subject to the provisions of this Constitution and the Interim Constitution of
Southern Sudan and the constitution of the state concerned.

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182. Southern Kordofan and Blue Nile States

1. Without prejudice to any of the provisions of this Constitution, the Agreement on
the Resolution of the Conflict in Southern Kordofan and Blue Nile States shall
apply with respect to those two states.
2. Agreement on the Resolution of the Conflict in Southern Kordofan and Blue Nile
States shall be subject to popular consultation by the people of the two states
through their respective democratically elected legislatures in accordance with
the provisions stated therein.

183. Abyei Area

1. Without prejudice to any of the provisions of this Constitution and the
Comprehensive Peace Agreement, the Protocol on the Resolution of the Conflict
in Abyei Area shall apply with respect to Abyei Area.
2. Abyei Area shall be accorded special administrative status under the Presidency,
in which residents of Abyei Area shall be citizens of both Southern Kordofan and
Bahr el Ghazal.
3. Simultaneously with the referendum for Southern Sudan, the residents of Abyei
Area shall vote in a separate referendum, which shall present the residents of
Abyei Area, irrespective of the results of the Southern Sudan Referendum, with
the following choices:-
a. that Abyei Area retain its special administrative status in the north,
b. that Abyei Area be part of Bahr el Ghazal.
4. The January 1st, 1956 line between the north and the south shall be inviolable,
except as agreed in sub-Article (3) above.

184. Interim Provisions for States

1. Pending the elections referred to in Article 216 herein:.
a. Governors shall be appointed by the President of the Republic in
consultation with the First Vice President. In the case of Southern Sudan,
the President of Government of Southern Sudan in consultation with Vice
President of Government of Southern Sudan,
b. The Governor of one Southern Sudan state shall be a nominee of the
National Congress Party and one Deputy Governor in a different
Southern Sudan state shall also be a nominee of the National Congress
Party.
2. Without prejudice to the provisions of sub-Article (3) below, seats of the
legislatures and executives of the states shall be allocated as follows:-
a. The National Congress Party shall have seventy percent of the seats in
the Northern states, and the Sudan People's Liberation Movement shall
have seventy percent of the seats in the Southern Sudan states,
b. The remaining thirty percent of the seats in the Northern and Southern
Sudan states shall be allocated as follows:-
i. ten percent of the seats in Southern Sudan states to be filled by the
National Congress Party,
ii. ten percent of the seats in the Northern Sudan states to be filled
by the Sudan People's Liberation Movement,
iii. twenty percent of the seats in Northern and Southern Sudan
states to be filled by representatives of other Northern and
Southern Sudan political forces, respectively.
3. Seats of the legislatures and executives of Southern Kordofan and Blue Nile
states shall be allocated in accordance with the Agreement on the Resolution of
Conflict in Southern Kordofan and Blue Nile States.

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PART THIRTEEN. FINANCE AND ECONOMIC

MATTERS

CHAPTER I. GUIDING PRINCIPLES FOR EQUITABLE

SHARING OF RESOURCES AND COMMON WEALTH
Subsidiary unit government
Ownership of natural resources
185. Guiding Principles for Equitable Sharing of Resources and
Common Wealth
1. Resources and common wealth of the Sudan shall be shared equitably to enable
each level of government to discharge its legal and constitutional responsibilities
and duties and to ensure that the quality of life, dignity and living conditions of all
citizens are promoted without discrimination on grounds of gender, race, religion,
political affiliation ethnicity, language or region.
2. The sharing and allocation of the resources and common wealth of the Sudan
shall be based on the premise that all parts of the country are entitled to
development.
3. The National Government shall fulfil its obligations to provide financial transfers
Provisions for wealth redistribution to the Government of Southern Sudan, and shall, except as otherwise provided
herein, apportion revenues equitably among other states[.]
4. The State recognizes that Southern Sudan, Southern Kordofan, Blue Nile, Abyei
Area and other conflict affected areas face serious needs; they shall be enabled
to perform basic government functions, establish civil administration, rehabilitate
and reconstruct the social and physical infrastructure in a post-conflict Sudan.
5. There shall be established a National Reconstruction and Development Fund and
a Southern Sudan Reconstruction and Development Fund to bring up Southern
Sudan, other conflict affected areas and the least developed areas to the national
average level of socio-economic and public services standards.
6. Revenue sharing shall reflect a commitment to devolution of powers and
decentralisation of decision-making in regard to development, service delivery
and governance.
7. The development of infrastructure, human resources, sustainable economic
growth and the capacity to meet human needs shall be conducted within a
framework of transparent and accountable governance.
8. The best known practices in the sustainable utilization and management of
natural resources shall be adopted by the State.
9. This Constitution sets out the various types of income, revenue, taxes and other
sources of wealth to which the respective levels of government are entitled.
10. All taxes and duties set out in this Constitution shall be regulated by law to
ensure coordination, fairness, equity, transparency and to avoid excessive tax
burden on the citizens, private sector and investors.
11. No level of government shall withhold any allocation or financial transfers due to
any other level of government. In case of dispute, any level of government, after
attempting amicable solution, may initiate proceedings in the Constitutional
Court and before Southern Sudan Supreme Court in the case of governments in
Southern Sudan.

CHAPTER II. LAND RESOURCES

186. Land Regulation

1. The regulation of land tenure, usage and exercise of rights thereon shall be a
concurrent competence, exercised at the appropriate level of government.
2. Rights in land owned by the Government of the Sudan shall be exercised through
the appropriate or designated level of Government.
3. All levels of government shall institute a process to progressively develop and
amend the relevant laws to incorporate customary laws, practices, local heritage
and international trends and practices.

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187. National Land Commission

1. Without prejudice to the jurisdiction of the courts, there shall be established a
National Land Commission that shall have the following functions:-
a. arbitrate between willing contending parties on claims over land,
b. entertain claims, at its discretion, in respect of land, be they against the
relevant government or other parties interested in the land. The parties
to the arbitration shall be bound by the decision of the Commission on the
basis of mutual consent and upon registration of the award in a court of
law,
c. enforce the law applicable to the locality where the land is situated or
such other law as the parties to the arbitration agree, including principles
of equity,
d. accept references on request from the relevant government or in the
process of resolving claims, make recommendations to the appropriate
level of government concerning land reform policies and recognition of
customary rights or customary land law,
e. assess appropriate land compensation including but not limited to
monetary compensation, for applicants in the course of arbitration or in
the course of a reference from a court,
f. advise different levels of government on how to co-ordinate policies on
national projects affecting land or land rights,
g. study and record land use practices in areas where natural resource
development occurs,
h. conduct hearings and formulate its own rules of procedure[.]
2. The National Land Commission shall be independent and representative of all
levels of government.
3. Membership, appointment, terms and conditions of service of the National Land
Commission shall regulated by law. The Chairperson of the National Land
Commission shall be appointed by the President of the Republic with the consent
of the First Vice President.
4. The National Land Commission shall be accountable to the Presidency which
shall approve the budget of the Commission.

188. Southern Sudan Land Commission

In accordance with this Constitution and without prejudice to the jurisdiction of the
courts, there shall be established a Southern Sudan Land Commission which shall have
the functions specified in the Comprehensive Peace Agreement and the Interim
Constitution of Southern Sudan.

189. Cooperation between National and Southern Sudan Land

Commissions
1. The National Land Commission and Southern Sudan Land Commission shall
cooperate and co-ordinate their activities so as to use their resources efficiently.
2. The National Land Commission and the Southern Sudan Land Commission shall
agree:-
a. to exchange information and decisions of each other,
b. on how to resolve conflict between their findings or recommendations.
3. The Southern Sudan Land Commission may carry out certain functions of the
National Land Commission, including collection of data and research.
4. In the case of conflict between the findings or recommendations of the National
Land Commission and Southern Sudan Land Commission which cannot be
resolved or reconciled by agreement pursuant to sub-Article (2)(b) above, the
matter shall be referred to the Constitutional Court.

CHAPTER III. DEVELOPMENT AND MANAGEMENT OF

THE PETROLEUM SECTOR
Ownership of natural resources

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190. The Framework for Petroleum Management

The basis for a definitive framework for the management and development of the
petroleum sector shall include:-

a. sustainable utilization of oil as a non-renewable natural resource consistent

with:-

i. the national interest and the public good,

ii. the interest of the affected states,

iii. the interest of the local population in affected areas,

iv. national environmental policies, biodiversity conservation guidelines and

cultural heritage protection principles,

b. empowerment of the appropriate levels of government to develop and manage,

in consultation with the relevant communities, the various stages of oil
production within the overall framework for the management of petroleum
development,

c. give due attention to enabling policy environment for the flow of foreign direct
investment by reducing risks associated with uncertainties regarding the
outcome of the referendum on self-determination at the end of the Interim
Period,

d. persons enjoying rights in land, shall be consulted and their views shall duly be
taken into account in respect of decisions to develop subterranean natural
resources from the area in which they have rights. They shall share in the
benefits of that development,

e. persons enjoying rights in land are entitled to equitable compensation on just

terms arising from acquisition or development of land for the extraction of
subterranean natural resources from the area in respect of which they have
rights,

f. the communities in whose areas development of subterranean natural resources

occurs have the right to participate, through their respective states, in the
negotiation of contracts for the development of those resources,

g. regardless of the contention over the ownership of land and associated natural
resources, there shall be a framework for the regulation and management of
petroleum development in the Sudan during the Interim Period.

191. National Petroleum Commission

1. An independent National Petroleum Commission shall be established and its
decision shall be by consensus.
2. The National Petroleum Commission shall be constituted as follows:-
a. the President of the Republic and President of Government of Southern
Sudan as co-chairs,
b. four permanent members representing the National Government,
c. four permanent members representing the Government of Southern
Sudan,
d. not more than three non-permanent members representing oil producing
state or states in which petroleum development is being considered.
3. The National Petroleum Commission shall have the following functions:-
a. formulate public policies and guidelines in relation to the development and
management of the petroleum sector,
b. monitor and assess the implementation of the policies mentioned in (a)
above to ensure that they work in the best interests of the people of
Sudan,
c. develop strategies and programs for the petroleum sector,
d. negotiate and approve all oil contracts for the exploration and
development of oil in the Sudan, and ensure that they are consistent with

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3. d. its principles, policies and guidelines,

e. develop its internal regulations and procedures.
4. In performing the functions referred to in sub-Article (3) above, the National
Petroleum Commission shall take into account relevant considerations, including
the following:-
a. the extent to which the contract provides benefits to local communities
affected by the development,
b. the extent to which the views of the state and the affected groups are
incorporated in the proposed contracts,
c. if the National Petroleum Commission decides to approve the contract,
persons holding rights in land who are aggrieved by the decision shall seek
relief through arbitration or in a court of law,
d. if the non-permanent members of the National Petroleum Commission
representing the oil producing state or states collectively disagree with
the decision of the National Petroleum Commission to approve the
contract related to their state/states, the National Minister in charge of
petroleum shall not sign the contract and shall refer the matter to the
Council of States. If the Council of States rejects the objection by two-
thirds majority, the National Minister in charge of petroleum shall sign the
contract. If the Council of States does not reject the objection by two-
thirds majority within twenty-four (24) sitting days of receiving it, the
Council of States shall remit the objection within that period to a
mechanism established by it with two-thirds majority to arbitrate on the
objection. The arbitration decision shall be made within six calendar
months of referral to arbitration. The arbitration decision shall be final and
binding,
e. if the National Petroleum Commission approves the contract, the
National Minister responsible of Petroleum shall sign the contract on
behalf of the Government of the Sudan,
f. in performing functions (a), (b) and (c) of sub-Article (3) above, the
National Petroleum Commission shall include only its permanent
members,
g. in performing function (d) of sub-Article (3) above, the National Petroleum
Commission shall include, in addition to its permanent members,
representatives of oil producing state or states in which contracts for the
exploration and development of the petroleum are being negotiated and
considered for approval.

192. Sharing Oil Revenue

1. The framework for sharing wealth from the extraction of natural resources,
emanating from Southern Sudan shall balance the needs for national
development and reconstruction of Southern Sudan.
2. Net revenue from oil shall be the sum of the net revenue:-
a. from exports of government oil, and
b. from deliveries of government oil to the local refineries.
3. Exports shall be valued at the actual Free on Board export prices less the
charges to deliver the oil to any export destination including pipeline and
management charges. Oil delivered to the local refinery shall be valued at the
average Free on Board export prices during the last calendar month in which
there was an export sale less the charges that would have been incurred to
deliver the oil to any export destination including pipeline and management
charges.
4. An Oil Revenue Stabilization Account shall be established from government oil
net revenue derived from actual export sales above an agreed benchmark price.
The benchmark price will be established annually as part of the national budget.
5. At least two percent of oil revenue shall be allocated to the oil producing states in
proportion to output produced in the state, without prejudice to the special
arrangements of Abyei Area.
6. After the payment to the Oil Revenue Stabilization Account and to the oil
producing states, fifty percent of net oil revenue derived from oil producing wells
in Southern Sudan shall be allocated to the Government of Southern Sudan as of
the beginning of the pre interim period and the remaining fifty percent to the
National Government and states in Northern Sudan.
7. A Future Generation Fund shall be established once national oil production
reaches one million barrels per day.

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8. All funds and special accounts referred to in this Constitution and future accounts
shall be on-budget operations in accordance with the public budget.

CHAPTER IV. SOURCES OF REVENUE

193. Sources of National Revenue

The National Government may legislate for raising revenue or collecting taxes from the
following sources:-

a. national personal income tax,

b. corporate or business profit tax,

c. custom duties and import taxes,

d. sea-ports and airports revenue,

e. service charges,

f. oil revenues,

g. national government enterprises and projects,

h. grants and foreign financial assistance,

i. value added tax or general sales tax or other retail taxes on goods and services,

j. excise duties,

k. loans, including borrowing from the Central Bank of Sudan and the public,

l. any other tax as determined by law.

194. Sources of Southern Sudan Revenue

The Government of Southern Sudan may legislate for raising revenue or collecting taxes
from the following sources:-

a. the national revenue allocation to the Government of Southern Sudan and states
from the National Revenue Fund as set out in Article 197 of this Constitution,

b. revenue from any of the sources listed as state revenue sources referred to in
Article 195 of this Constitution,

c. oil revenues as set out in Article 192 of this Constitution,

d. taxes of Southern Sudan Government, which do not encroach on the exclusive

National Government taxing powers,

e. service charges of Government of Southern Sudan,

f. enterprises and projects of Government of Southern Sudan,

g. grants-in-aid and foreign financial assistance,

h. taxes and levies on small and medium businesses,

i. excise duties on goods within Southern Sudan deemed to be luxury consumables,

j. personal income tax of Southern Sudan,

k. loans and borrowing in accordance with Article 203 of this Constitution,

l. any other taxes as may be determined by law.

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195. Sources of States Revenue

The states may legislate for raising revenue or collecting taxes from the following
sources:-

a. state land and property tax and royalties,

b. service charges for state services,

c. licences,

d. state personal income tax,

e. levies on tourism,

f. state share of oil revenue as is set out in Article 192(5) of this Constitution,

g. state government projects and national parks,

h. stamp duties,

i. agricultural taxes,

j. grants-in-aid and foreign aid,

k. excise duties,

l. border trade charges or levies in accordance with national legislation,

m. other state taxes, which do not encroach on National or Southern Sudan

Government taxes,

n. loans and borrowing in accordance with Article 203 of this Constitution,

o. any other tax as may be determined by law.

196. Southern Sudan Non-oil Revenue Allocation

1. Notwithstanding the provisions of Articles 192, 193 and 194 herein, the
National Government shall allocate fifty percent of the national non-oil revenue
collected in Southern Sudan, as provided for under Article 193 above, to the
Government of Southern Sudan to partially meet the development costs during
the interim period. This arrangement shall be reviewed, during the mid-term
review, with the view to National Government allocating additional resources to
the Government of Southern Sudan if need arises.
2. The Government of Southern Sudan and states shall retain and dispose of such
other income raised and collected under their own taxing powers.

CHAPTER V. FISCAL AND FINANCIAL MECHANISMS

197. National Revenue Fund
1. All revenues collected nationally for or by the National Government shall be
pooled in a National Revenue Fund administered by the National Treasury. Such
Fund shall embrace all accounts and sub-funds, into which monies due to the
Government are collected, reported or deposited.
2. All the revenues and expenditures of the Government shall be on-budget
operations and made public.

198. Fiscal and Financial Allocation and Monitoring Commission

1. A Fiscal and Financial Allocation and Monitoring Commission shall be established,
to ensure transparency and fairness both in regard to the allocation of nationally
collected funds to the Government of Southern Sudan and the states.

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2. The Fiscal and Financial Allocation and Monitoring Commission shall undertake
the following duties and responsibilities:-
a. monitor and ensure that equalization grants from the National Revenue
Fund are promptly transferred to respective levels of government,
b. guarantee appropriate utilization and sharing of financial resources,
c. ensure that revenues allocated to conflict affected areas are transferred
in accordance with agreed formulae,
d. safeguard transparency and fairness in the allocation of funds to the
Government of Southern Sudan and the states according to established
ratios or percentages stipulated in this Constitution.
3. The Fiscal and Financial Allocation and Monitoring Commission shall be
composed of representatives from the National Government and the
Government of Southern Sudan and the states as follows:-
a. three representatives of the national government,
b. three representatives of Government of Southern Sudan,
c. all finance ministers in all states of the Sudan.
4. The Chairperson of the Fiscal and Financial Allocation and Monitoring
Commission shall be appointed by the President of the Republic with the consent
of the First Vice President.
5. The Fiscal and Financial Allocation and Monitoring Commission shall set its rules
and procedures, which shall be approved by the Presidency.
6. The Fiscal and Financial Allocation and Monitoring Commission shall quarterly
report to the Presidency about its analysis and findings, confirming that
nationally collected funds are allocated according to sub-Article (2) above,
without prejudice to Article 185(10) of this Constitution, the Presidency shall
take appropriate remedial action in case of failure by the National Treasury to
discharge any of the functions stipulated in that Article.

199. National Reconstruction and Development Fund

There shall be established by the National Treasury, a National Reconstruction and
Development Fund having the mission of developing the conflict affected areas and the
least developed areas of Northern Sudan. It shall be managed by a committee with
appropriate representation from such areas and a member of the Southern Sudan
Ministry of Finance. A report on the income and expenditure for the projects supported
by the Fund shall be tabled before the National Assembly and the Council of States.

200. Southern Sudan Reconstruction and Development Fund

1. There shall be established a Southern Sudan Reconstruction and Development
Fund to solicit, raise and collect funds from domestic and international donors and
disburse such funds for the reconstruction, rehabilitation and construction of the
infrastructure of Southern Sudan, for the resettlement and reintegration of
internally and externally displaced persons, and to address past imbalances in
regional development and infrastructure.
2. A monitoring and evaluation system shall be established to ensure accountability,
transparency, efficiency, equity and fairness in the utilization of resources.
3. The Government of Southern Sudan shall be responsible for expenditure from the
fund and shall be entitled to raise additional funds by way of donation from
foreign States, multilateral organizations or other bodies for the purposes of the
reconstruction and development of Southern Sudan states. The Fund shall be
transparently administered and professionally managed subject to an oversight
by Southern Sudan Assembly and a committee appointed by the Government of
Southern Sudan but having on it a representative of the National Ministry of
Finance and of the National Audit Chamber.

CHAPTER VI. BANKING

Central bank 201. The Dual Banking System
1. The Central Bank of Sudan shall be responsible for the formulation and conduct of
monetary policy. All banking institutions shall be subject to rules and regulations
set by the Central Bank of Sudan.
2. A dual banking system shall be established, and shall consist of an Islamic
banking system that shall operate in Northern Sudan and a conventional banking

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2. system to operate in southern Sudan.

3. There shall be established the Bank of Southern Sudan as a branch of the Central
Bank of Sudan to provide, inter alia, conventional banking services.

Central bank 202. Restructuring and Management of the Central Bank of Sudan
1. The Central Bank of Sudan shall be restructured so as to reflect the duality of the
banking system in the Sudan. The Central Bank of Sudan shall use and develop
two sets of banking instruments, one Islamic and the other Conventional, to
regulate and supervise the implementation of a single monetary policy through:-
a. an Islamic financing window in Northern Sudan under a Deputy Governor
of the Central Bank of Sudan using Islamic financing instruments to
implement the national monetary policy in Northern Sudan, and
b. the Bank of Southern Sudan, headed by a Deputy Governor of the Central
Bank of Sudan, to manage the conventional window using conventional
financing instruments in implementing the same national monetary policy
in Southern Sudan.
2. The primary responsibility and mandate of the Central Bank of Sudan shall be
ensuring price stability, maintaining stable exchange rate, sound banking system
and issuance of currency. The monetary policy shall rely primarily on market-
based instruments instead of administrative allocation of credit.
3. The Central Bank of Sudan shall be fully independent in its pursuit of monetary
policy.
4. There shall be established an independent Board of Directors for the Central
Bank of Sudan, which shall be responsible to the Presidency. It shall consist of
nine members as follows:-
a. Governor of the Central Bank of Sudan, Chairperson,
b. two Deputies, and
c. six highly qualified Sudanese to be appointed by the President of the
Republic in accordance with Article 58(2)(c) herein.
5. Decisions of Board of Directors on matters that may affect adversely the
interests of the clientele of either banking window shall be by consensus.
6. The Governor of the Central Bank of Sudan and his two Deputies shall be
appointed by the President of the Republic in accordance with Article 58(2)(c)
herein. The Governor of the Central Bank of Sudan shall appoint, in consultation
with the Board of Directors and his two Deputies, other senior officers within the
Central Bank of Sudan.
7. The Bank of Southern Sudan shall be responsible for chartering and supervising
financial institutions in southern Sudan.
8. All financial institutions shall be subject to internationally recognized regulatory
and prudential standards for Islamic and conventional finance, as set by the
Central Bank of Sudan.
9. All financial institutions shall be bound to implement monetary policies set by the
Central Bank of Sudan.

Central bank 203. Government Borrowing

1. The Government of Southern Sudan and the states may borrow money. Neither
the National Government nor the Central Bank of Sudan shall be required or
expected to guarantee borrowing by sub-national levels of government.
2. The Government of Southern Sudan and all sub-national levels of government
shall report financial and fiscal data to the relevant National Government bodies
for statistical purposes.
3. The Government of Southern Sudan and the states may borrow money from
foreign sources based on their respective credit worthiness.
4. Foreign borrowing by all sub-national levels of government shall be in a manner
that does not undermine national macroeconomic policies and shall be consistent
with the objective of maintaining external financial viability. All foreign borrowing
transactions of sub-national levels of government shall conform to the Central
Bank of Sudan specifications.

CHAPTER VII. ACCOUNTING STANDARDS

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204. Accounting Procedures, Standards and Fiscal Accountability

1. All levels of government shall comply with generally accepted accounting
procedures, standards and fiscal accountability to ensure that public funds are
allocated and expended according to the budget of such level of government.
2. All levels of government shall hold all incomes and revenues received in public
accounts and subject to public scrutiny and accountability.
3. The accounting procedures, standards and fiscal accountability shall be regulated
by law.

205. National and Southern Sudan Audit Chambers

1. There shall be established an independent National and an independent Southern
Sudan Audit Chambers.
2. The National Audit Chamber shall set auditing standards for the whole country
and supervise the financial performance of the national government, including
revenue collection and expenditure, in accordance with the budgets approved by
the national and state legislatures.
3. The President of the Republic, with the approval of a two-thirds majority of the
National Assembly shall appoint the National Auditor General, who shall head
the National Audit Chamber and shall take oath before the President of the
Republic. The National Auditor General shall not be removed except in the same
manner in which he is appointed.
4. The National Audit Chamber shall assume auditing of the accounts of the
National Executive, the National Legislature, the National Judiciary and the
accounts of northern states, public institutions, corporations, companies and any
other institutions as may be determined by law.
5. The Auditor General shall present an annual report to the President of the
Republic and the National Assembly.
6. The National Auditor General shall be prohibited from engaging in all businesses
in which constitutional office holders are not allowed to engage in pursuant to
Article 75 of this Constitution.
7. The Southern Sudan Auditor Chamber shall be established according to the
Southern Sudan Interim Constitution.
8. The law shall organize the National and Southern Sudan Audit Chambers and
shall specify the functions, terms and conditions of service of their employees.

CHAPTER VIII. INTERSTATE COMMERCE

206. Interstate Commerce
1. Free interstate commerce is guaranteed by this Constitution. No legislation shall
impede interstate commerce, the flow of goods and services, capital or labour
between the states.
2. There shall be no levies or fees or any other charges on interstate trade.

Transitional provisions
CHAPTER IX. TRANSITIONAL PROVISIONS FOR FINANCE
AND BANKING
207. New Currency
1. The Central Bank of Sudan shall issue a new currency, the design of which shall
reflect the cultural diversity of the Sudan.
2. Until a new currency is issued on the recommendation of the Central Bank of
Sudan, the circulating currencies in Southern Sudan shall be recognised.

208. Existing Oil Contracts

1. The Sudan People's Liberation Movement representatives appointed to have
access to all existing oil contracts, shall finish their functions and duties which are
prescribed by the Comprehensive Peace Agreement as soon as practicable.

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2. The term "existing oil contracts" means contracts signed before the date of
signature of the Comprehensive Peace Agreement.
3. The existing oil contracts shall not be subject to re-negotiation.
4. If existing oil contracts are deemed to have caused fundamental social
consequences and environmental problems the National Government shall
implement necessary remedial measures.
5. Persons whose rights have been violated by existing oil contracts shall be
entitled to compensation. Upon establishment of these violations through due
legal process, the parties to the oil contracts shall be liable to compensate the
affected persons to the extent of the damage caused.

209. Government Liabilities and Assets

1. Any debt or liability incurred by any level of government shall be the
responsibility of that level of government.
2. There shall be a fair and equitable division of government assets. An asset shall
in the first instance be allocated to the level of government responsible for the
function in respect of which the asset is related. In the event of a dispute, such
dispute shall be referred to a committee comprising a representative of each of
the parties involved in the dispute and a mutually agreed expert. The decision of
the committee shall be final and binding.

PART FOURTEEN. STATE OF EMERGENCY

AND DECLARATION OF WAR

Emergency provisions
210. Declaration of State of Emergency
1. The President of the Republic, with the consent of the First Vice President, may
upon the occurrence of an imminent danger, whether it is war, invasion, blockade,
natural disaster or epidemics, as may threaten the country, or any part thereof or
the safety or economy of the same, declare a state of emergency in the country,
or in any part thereof, in accordance with this Constitution and the law.
2. The declaration of a state of emergency shall be submitted to the National
Legislature within fifteen days of the issuance of the declaration. When the
National Legislature is not in session, an emergency session shall be convoked.
3. When the National Legislature approves the declaration of a state of emergency,
all laws, exceptional orders or measures issued or taken by the President of the
Republic pursuant to the state of emergency shall continue to remain in force.

Emergency provisions
211. Powers of the President in the State of Emergency
The President of the Republic, with the consent of the First Vice President, may during
the state of emergency take, by virtue of law or exceptional order, any measures that
shall not derogate from the provisions of this Constitution and the Comprehensive
Peace Agreement except as may be provided herein:-

a. to suspend part of the Bill of Rights. However, there shall be no infringement on

the right to life, freedom from slavery, freedom from torture, the right of non-
discrimination on the basis of race, sex, religious creed, the right in litigation or
the presumption of innocence and legal representation,

b. to dissolve or suspend any of the state organs or suspend such powers, as may
be conferred upon the states under this Constitution. The President of the
Republic with the consent of the First Vice President shall assume the functions
of such organs and exercise the powers or prescribe the manner in which the
affairs of the state concerned may be managed,

c. to take any such measures as deemed necessary to the state of emergency,

which shall have the force of law.

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Emergency provisions
212. Duration of the State of Emergency
The duration of the measures relating to the state of emergency shall expire in the
following cases:-

a. lapse of thirty days as from the date of issuance of the declaration if the National
Legislature does not approve by a resolution the extension of its duration,

b. lapse of the duration approved by the National Legislature,

c. Issuance of a declaration by the President of the Republic with the consent of the
First Vice President lifting the state of emergency.

Power to declare/approve war

213. Declaration of War
The President of the Republic, with the consent of the First Vice President, shall declare
war whenever they decide that the country is under external aggression. Such
declaration shall be legally enforceable upon approval by the National Legislature.

PART FIFTEEN. CENSUS AND ELECTIONS

CHAPTER I. CENSUS
Census 214. The Population Census Council
1. There shall be established by the President of the Republic, after consultation
within the Presidency, a Population Census Council.
2. The Population Census Council shall:-
a. plan for the population census,
b. set standards and criteria for the Central Bureau of Statistics,
c. follow-up on the preparations leading to the population census and
oversee the actual census operation,
d. report to the Presidency regarding the Population Census.

Census 215. Population Census

1. A population census throughout the Sudan shall be conducted and completed by
the end of the second year of the Interim Period.
2. The Census shall be conducted by the Central Bureau of Statistics and the
Southern Sudan Centre for Statistics and Evaluation.

CHAPTER II. ELECTIONS

216. Time of Elections
General Elections at all levels of government shall be held not later than the end of the
fourth year of the Interim Period.

Referenda 217. Referendum

1. The President of the Republic or the National Assembly, by resolution passed by
more than half of the members, may refer to referendum any matter of national
or public interest.
2. The National Elections Commission shall conduct the referendum for all the
electorate; the subject submitted to referendum would achieve the confidence of
the people by obtaining more than half of the number of votes cast.
3. Any resolution which has achieved the consent of the people by referendum shall
have authority above any other legislation. It shall not be annulled save by

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3. another referendum.

218. Condition for Contesting Election

Whoever runs in any elections shall respect, abide by and enforce the Comprehensive
Peace Agreement.

PART SIXTEEN. SOUTHERN SUDAN RIGHT

TO SELF-DETERMINATION

Right to self determination

219. Affirmation of the Right to Self Determination by the
People of Southern Sudan
The people of Southern Sudan shall have the right to self-determination through a
referendum to determine their future status.

220. Southern Sudan Referendum Commission

1. A Southern Sudan Referendum Act shall be promulgated by the National
Legislature at the beginning of the third year of the interim period.
2. The Presidency shall, as soon as Southern Sudan Referendum Act is issued,
establish Southern Sudan Referendum Commission.

221. The Assessment and Evaluation Commission

1. An independent Assessment and Evaluation Commission shall be established by
the President of the Republic with the consent of the First Vice President to
monitor the implementation of the Comprehensive Peace Agreement during the
interim period.
2. The Commission shall conduct a mid-term evaluation of the unity arrangements
established under the Comprehensive Peace Agreement.
3. The Parties to the Comprehensive Peace Agreement shall work with the
Commission during the interim period with a view to improving the institutions
and arrangements created under that Agreement and to make the unity of the
Sudan attractive to the people of Southern Sudan.

Secession of territory
Referenda 222. The Referendum on Self-Determination
1. Six months before the end of the six year interim period, there shall be an
internationally monitored referendum, for the people of Southern Sudan
organized by Southern Sudan Referendum Commission in cooperation with the
National Government and the Government of Southern Sudan[.]
2. The people of Southern Sudan shall either:-
a. confirm unity of the Sudan by voting to sustain the system of government
established under the Comprehensive Peace Agreement and this
Constitution, or
b. vote for secession.

PART SEVENTEEN. MISCELLANEOUS

PROVISIONS

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223. Coming into Force

1. This Constitution shall be cited as the Interim National Constitution of the
Republic of the Sudan, 2005; its Arabic and English versions are equally official
and authentic. Any reference in it to the masculine denotes also reference to the
feminine.
2. Upon the adoption of this Constitution by the National Assembly and the
National Liberation Council of the Sudan People's Liberation Movement; it shall
be submitted to the President of the Republic accompanied by certificates of
adoption by each of the said legislatures. It shall come into force on the date of
signature by the President of the Republic.

Constitution amendment procedure

224. Amendment of the Constitution
1. This Constitution shall not be amended unless the amendments are approved by
three quarters of all the members of each Chamber of the National Legislature
sitting separately and only after introduction of the draft amendment at least
two months prior to deliberations.
2. Any amendment affecting the provisions of the Comprehensive Peace
Agreement shall be introduced only with the approval of both Parties signatory
to the Comprehensive Peace Agreement.

225. Incorporation of the Comprehensive Peace

Agreement
The Comprehensive Peace Agreement is deemed to have been duly incorporated in this
Constitution; any provisions of the Comprehensive Peace Agreement which are not
expressly incorporated herein shall be considered as part of this Constitution.

Transitional provisions
226. Transitional and Miscellaneous Provisions
1. This Constitution is based on the Comprehensive Peace Agreement and the
Constitution of the Republic of the Sudan 1998.
2. The incumbent President of the Republic shall take oath of office before the Chief
Justice and assume his duties by virtue of this Constitution. The First Vice
President and President of the Government of Southern Sudan and the Vice
President shall take oath of office before the President of the Republic and the
Chief Justice and assume their duties in accordance with this Constitution.
3. Pending the establishment of the executive organs contemplated in this
Constitution, the President of the Republic shall authorize the continuation of the
current administrations as care-taker administrations. The President of the
Government of Southern Sudan shall, after consultations, also take necessary
measures for the creation of a care-taker administration in Southern Sudan and
Southern Sudan states, pending the adoption of the Interim Constitution of
Southern Sudan.
4. For the purposes of this Constitution and the Comprehensive Peace Agreement,
the Interim Period shall commence as from July 9th[,] 2005, and any measures
taken or institutions established by the signatories to the Comprehensive Peace
Agreement pursuant to the same prior to the adoption of this Constitution shall
be deemed to have been taken or established by virtue of this Constitution.
5. All current laws shall remain in force and all judicial and civil servants shall
continue to perform their functions, unless new actions are taken in accordance
with the provisions of this Constitution.
6. The law shall determine the salaries, emoluments, privileges and remunerations
of the President of the Republic, the two Vice Presidents, the President of
Government of Southern Sudan, the Speakers, members of the National
Legislature and all holders of Constitutional posts at the National, Southern
Sudan and state levels.
7. The Presidency shall establish an ad-hoc committee to look into grievances of
those retired or dismissed for political reasons and present its recommendations
to the Presidency.

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8. The National Ministry of Justice shall, within two weeks from the date of receipt,
declare the compatibility of the Interim Constitution of Southern Sudan and state
constitutions with the Interim National Constitution.
9. This Constitution shall govern the Interim Period, subject to any amendment or
review in accordance with Article 224 herein and shall continue in force until a
permanent constitution is adopted.
10. If the outcome of the referendum on self-determination favours secession, the
parts, chapters, articles, sub-articles and schedules of this Constitution that
provide for southern Sudan institutions, representation, rights and obligations
shall be deemed to have been duly repealed.

SCHEDULES

SCHEDULE A. NATIONAL POWERS

The exclusive legislative and executive powers of the national level of government shall
be as follows:-

1. National Defence, National Security and Protection of the National Borders;

2. Foreign Affairs and International Representation;

3. Nationality and Naturalization;

4. Passports and Visas;

5. Immigration and Aliens;

6. Currency, Coinage and Exchange Control;

7. Constitutional Court and other National Courts;

8. National Police (including Criminal Investigation Department - CID, coordination

of international, regional and bilateral criminal matters, and standards and
regulations including the standards for training the police in the National Capital);

9. The fixing of and providing for salaries and allowances of civil and other officers of
the National Government;

10. Postal Services;

11. Civil Aviation;

12. Maritime shipment;

13. Beacons;

14. Navigation and Shipment;

15. National Lands and National natural resources;

16. Central Bank, the Incorporation of National banks and issuing of paper money;

17. Bills of Exchange and Promissory Notes;

18. Weights, Measures and Standards, Dates and Standards of Time;

19. Meteorology;

20. Establishment and Maintenance of National Prisons;

21. National Institutions as envisaged under the Peace Agreement or as set forth in
this Constitution;

22. Customs, Excise and Export Duties;

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23. Intellectual Property Rights, including Patents and Copyright;

Provisions for intellectual property

24. National Flag, National Emblem and National Anthem;

25. Signing of International Treaties on behalf of the Republic of the Sudan;

26. National Debt and borrowing on public credit;

27. National Census, National Surveys and National Statistics;

28. National States of Emergency;

29. International and Inter-State Transport, including roads, airports, waterways,

harbours and railways;

30. National Public Utilities;

31. National Museums and National Heritage Sites;

32. National Economic Policy and Planning;

33. Nile Water Commission, the management of the Nile Waters, trans-boundary
waters and disputes arising from the management of interstate waters between
Northern states and any dispute between Northern and Southern states;

34. National information, publications, telecommunications regulations;

Telecommunications

35. National Taxation and National Revenue Raising;

36. National Budget;

37. Laws providing for National elections and their supervision by the National
Elections Commission;

38. Issuance of National Identity Card.

SCHEDULE B. POWERS OF THE GOVERNMENT OF

SOUTHERN SUDAN
The exclusive legislative and executive powers of Government of Southern Sudan shall
be as follows:-

1. The adoption and amendment of the Constitution of the Government of Southern

Sudan;

2. Police, Prisons and Wildlife Services;

3. Security and military forces during the Interim Period;

4. Legislation relating to the Government of Southern Sudan structures for the

delivery of services at all levels of Government of Southern Sudan;

5. Borrowing of money on the sole credit of the Government of Southern Sudan

within the national macro-economic policy;

6. Planning for Southern Sudan Government services including health, education,

and welfare, etc;

7. The appointment, tenure and payment of Government of Southern Sudan (GOSS)

officers and civil servants;

8. Development of financial resources for the Government of Southern Sudan;

9. The co-ordination of Southern Sudan services or the establishment of minimum

Southern Sudan standards or the establishment of Southern Sudan uniform
norms in respect of any matter or service referred to in Schedule C or Schedule
D, read together with Schedule E, with the exception of Item 1 of Schedule C,

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9. including but not limited to, education, health, welfare, police (without prejudice
to the National Standards and Regulations), prisons, state public services, such
authority over civil and criminal laws and judicial institutions, lands,
reformatories, personal law, intra-state business, commerce and trade, tourism,
environment, agriculture, disaster intervention, fire and medical emergency
services, commercial regulation, provision of electricity, water and waste
management services, local Government, control of animal diseases and
veterinary services, consumer protection, and any other matters referred to in
the above Schedules;

10. Any power that a state or the National Government requests it to exercise on its
behalf, subject to the agreement of the Government of Southern Sudan or that
for reasons of efficiency the Government of Southern Sudan itself requests to
exercise in Southern Sudan and that other level agrees;

11. Referenda in Southern Sudan on matters affecting Southern Sudan within the
competencies of Southern Sudan Government;

12. Taxation and revenue raising in Southern Sudan;

13. Southern Sudan Budget;

14. Public utilities of Government of Southern Sudan;

15. Government of Southern Sudan flag and emblem;

16. Reconstruction and development of the Southern Sudan;

17. Government of Southern Sudan information, publications, media and

telecommunications utilities;

18. Rehabilitation and benefits to disabled war veterans, orphans, widows and care
for the dependents of deceased war fallen heroes;

19. Any matter relating to an item referred to in Schedule D that cannot be dealt
with effectively by a single state and requires Government of Southern Sudan
legislation or intervention including, but not limited to the following:-

1. Matters relating to businesses, trade licenses and conditions of operation;

2. Natural resources and forestry;

3. Town and rural planning;

4. Disputes arising from the management of interstate waters within

Southern Sudan;

5. Fire fighting and ambulance services;

6. GOSS reformatory institutions;

7. Firearms licenses within Southern Sudan; and

8. Government of Southern Sudan recreation and sports.

20. Such matters relating to taxation, royalties and economic planning as is specified
in the Agreement on Wealth Sharing;

21. Southern Sudan census and statistics within the competence of the Southern
Sudan Government;

22. Issuance of identity cards within Southern Sudan, driving licenses and any other
appropriate documentation.

SCHEDULE C. POWERS OF STATES

The exclusive executive and legislative powers of a state of the Sudan shall be as
follows:-

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1. The Constitution of the state, subject to compliance with the National

National vs subnational laws
Constitution, and, as relevant, the Constitution of Southern Sudan;

2. State Police, prisons;

3. Local Government;

4. State information, state publications and state media;

5. Social Welfare including state pensions;

6. The Civil Service at the state level;

7. The State Judiciary and administration of justice at state level including

maintenance and organization of state Courts, and subject to national norms and
standards, civil and criminal procedure;

8. State Land and state Natural Resources;

9. Cultural matters within the state;

10. Regulation of religious matters;

11. Internal and external borrowing of money on the sole credit of the state within
the National macro-economic framework;

12. The establishment, tenure, appointment, and payment of state officers;

13. The management, lease and utilization of lands belonging to the state;

14. The establishment, maintenance and management of reformatory institutions;

15. The establishment, regulation, and provision of health care, including hospitals
and other health institutions;

16. Regulation of businesses, trade licenses, working conditions, hours, and holidays
within the state;

17. Local works and undertakings;

18. Registration of marriage, divorce, inheritance, births, deaths, adoption and

affiliations;

19. Enforcement of state laws;

20. Statutes enacted under the penal law power, save for the penalization for the
breach of National laws relating to the national competencies;

21. The development, conservation and management of state natural resources and
state forestry resources;

22. Primary and secondary schools and education administration in regard thereto;

23. Laws in relation to agriculture within the state;

24. Airstrips other than international and national airports within civil aviation
regulations;

25. Intrastate public transport and roads;

26. Population policy and family planning;

27. Pollution control;

28. State statistics, and state surveys;

29. State referenda;

30. Charities and endowment;

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31. Quarrying regulations;

32. Town and rural planning;

33. State cultural and heritage sites, state libraries, state museums, and other
historical sites;

34. Traditional and customary law;

35. State finances;

36. State irrigation and embankments;

37. State Budget;

38. State archives, antiquities, and monuments;

39. Direct and indirect taxation within the state in order to raise revenue for the
state;

40. State public utilities;

41. Vehicle licensing;

42. Fire fighting and ambulance services;

43. Recreation and sport within the state;

44. Firearms Licenses;

45. Flag and emblem of the state.

SCHEDULE D. CONCURRENT POWERS

The National Government, the Government of Southern Sudan and state governments,
shall have legislative and executive competencies on any of the matters listed below:-

1. Economic and Social Development in Southern Sudan;

2. Legal and other professions and their associations;

3. Tertiary education, education policy and scientific research;

4. Health policy;

5. Urban development, planning and housing;

6. Trade, commerce, Industry and industrial development;

7. Delivery of public services;

8. Banking and insurance;

9. Bankruptcy and insolvency;

10. Manufacturing licenses;

11. Airports, only with respect to the Government of Southern Sudan in accordance
with Civil Aviation standards and regulations;

12. River transport;

13. Disaster preparedness, management and relief and epidemics control;

14. Traffic regulations;

15. Electricity generation and water and waste management;

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16. Information, Publications, Media, Broadcasting and Telecommunications;

17. Environmental management, conservation and protection;

18. Relief, Repatriation, Resettlement, Rehabilitation and Reconstruction;

19. Without prejudice to the National Regulation, and in the case of Southern states,
the regulation of Government of Southern Sudan, the initiation, negotiation and
conclusion of International and Regional Agreements on culture, sports, trade,
investment, credit, loans, grants and technical assistance with foreign
governments and foreign nongovernmental organizations;

20. Financial and economic policies and planning;

21. Women's empowerment;

22. Gender policy;

23. Pastures, veterinary services, and animal and livestock diseases control;

24. Consumer safety and protection;

Protection of consumers

25. Residual powers, subject to Schedule E;

26. Mother, Child protection and care;

27. Water Resources other than interstate waters;

28. Notwithstanding Schedules A, B and C, such matters relating to taxation,

royalties and economic planning;

29. Southern Sudan and state Courts responsible for enforcing or applying National
laws;

30. Such matters relating to taxation, royalties and economic planning as a matter or
matters in regard to which the Government of Southern Sudan is accorded
concurrent authority;

31. Human and animal drug quality control.

32. Regulation of land tenure, usage and exercise of rights in land.

SCHEDULE E. RESIDUAL POWERS

The residual powers shall be dealt with according to their nature (e.g., if the power
pertains to a national matter, requires a national standard, or is a matter which cannot
be regulated by a single state, it shall be exercised by the National Government. If the
power pertains to a matter that is usually regulated by the state or local government, it
shall be exercised by the state). Where a matter is susceptible to Southern Sudan
regulation, i respect of the states of Southern Sudan, it shall be exercised by the
Government of Southern Sudan.

National vs subnational laws

SCHEDULE F. RESOLUTION OF CONFLICTS IN RESPECT
OF CONCURRENT POWERS
If there is a contradiction between the provisions of Southern Sudan law and/or a state
law and/or a National law, on the matters referred in Schedule D, the law of the level of
government which shall prevail shall be that which most effectively deals with the
subject matter of the law, having regard to:-

1. The need to recognize the sovereignty of the Nation while accommodating the
autonomy of Southern Sudan or of the states;

2. Whether there is a need for National or Southern Sudan norms and standards;

3. The principle of subsidiarity;

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4. The need to promote the welfare of the people and to protect each person's
human rights and fundamental freedoms.

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Topic index

A
Approval or veto of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

B
Budget bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 23, 28

C
Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Census . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Central bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 52
Civil service recruitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Claim of universal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Compulsory education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14
Conditions for revoking citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 57
Constitutional court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Constitutional court removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Constitutional court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Constitutional court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Constitutional interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Constitutionality of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

D
Deputy executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 17
Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division of labor between chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Duty to obey the constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 21
Duty to pay taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Duty to serve in the military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

E
Earnings disclosure requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 34
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Eligibility for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 23, 54, 55
Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of political party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of skin color . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

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Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 19

Establishment of constitutional court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Establishment of judicial council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 32
Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

F
Finance bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
First chamber representation quotas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
First chamber reserved policy areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Free education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 13

G
General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
God or other deities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

H
Head of state decree power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Head of state immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Head of state powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 23
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Head of state term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 11, 14
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

I
Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Inalienable rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 26
International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 16
International organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

J
Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

L
Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Leader of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Legal status of treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Legislative initiatives by citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

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Legislative oversight of the executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 23, 26

Length of legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

M
Mentions of social class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Minimum age for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Minimum age for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Motives for writing constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

N
Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
National anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
National capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
National flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
National vs subnational laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60, 63

O
Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 17, 19, 23
Official or national languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Official religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 32
Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Ownership of natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 46

P
Power to declare/approve war . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 23, 55
Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Powers of cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Presumption of innocence in trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Principle of no punishment without law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Privileges for juveniles in criminal process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Protection of consumers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Protection of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 9
Protection of language use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Provisions for intellectual property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Provisions for wealth redistribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 45
Public or private sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Publication of deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Q
Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

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Reference to art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Reference to country's history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Reference to fraternity/solidarity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Reference to science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55, 56
Regional group(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Regulation of marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Replacement of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Requirements for naturalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Restrictions on political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 13
Right to academic freedom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to competitive marketplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14
Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to form political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to found a family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 14
Right to join trade unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to just remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to reasonable standard of living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to self determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Right to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Rights of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 12

S
Secession of territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Second chamber reserved policy areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Second chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Secrecy of legislative votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 13
Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Spending bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
State support for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 12
State support for the disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
State support for the elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 14
Status of religious law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subsidiary unit government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 42, 43, 45
Supreme court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 32

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Supreme court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Supreme court term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Supreme/ordinary court judge removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

T
Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Telecommunications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Term length for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Term length of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 40, 53, 57
Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 19, 23
Truth and reconciliation commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

V
Veto override procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

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