Africa South of the Sahara: The Constitution [ID 12105]

"Following the coup of 6 April 1985, the Constitution of April 1973 was abrogated. A transitional Constitution, which entered into force in October 1985, was suspended following the military coup of 30 June 1989. IN April 1998 a new Constitution was approved by the National Assembly, and presented to President al-Bashir. At a referendum held in June, the new Constitution was endorsed by 96.7% of voters. This Constitution, which entered into force on 1 July 1998, vests executive power in the Council of Ministers, which is appointed by the President but responsible to the National Assembly. Legislative power is vested in National Assembly. The Constitution guarantees freedom of thought and religion, and the right to political association, provided that such activity complies with the law."

Constitution of the Republic of the Sudan (full text) ("Constitution, Official website of the government of Sudan") [ID 12106]

Document(s): Constitution, Official website of the government of Sudan

Constitution of the Republic of the Sudan (full text) ("Embassy of the Republic of Sudan, Washington D.C. The Constitution, 01.07.1998") [ID 12106]

Document(s): Embassy of the Republic of Sudan, Washington D.C. The Constitution, 01.07.1998

19.09.2008 - Source: US Department of State

The INC provides for freedom of religion throughout the entire country, but disparities in the legal treatment of religious minorities exist between North and South; there are no legal remedies to address constitutional violations of religious freedom by government or private actors ("International Religious Freedom Report 2008") [ID 24774]

"The INC provides for freedom of religion throughout the entire country, but disparities in the legal treatment of religious minorities exist between the north and south.

The INC preserves Shari'a as a source of legislation in the north.

The Constitution of Southern Sudan provides for freedom of religion, and other laws and policies of the GoSS contributed to the generally free practice of religion.

The INC and the Constitution of Southern Sudan both deny recognition to any political party that discriminates on the basis of religion.

There are no legal remedies to address constitutional violations of religious freedom by government or private actors."

Document(s): Open document

15.09.2006 - Source: US Department of State

Sources of legislation in Northern and Southern Sudan ("International Religious Freedom Report 2006") [ID 17550]

"The new Interim National Constitution preserved Shari'a as a source of legislation in states outside southern Sudan, and recognized "popular consensus" and "the values and the customs of the people of Sudan, including their traditions and religious beliefs," as sources of legislation in the south. The constitution also recognized the national capital of Khartoum as "a symbol of national unity that reflects the diversity of Sudan." According to the constitution, the presidency shall establish the Commission for the Rights of Non-Muslims in the national capital to ensure that non-Muslims are not adversely affected by the application of Shari'a law in Khartoum. The constitution of Southern Sudan also establishes "the traditional laws, religious beliefs, values, and customary practices of the people" as a source of legislation in the south."

Document(s): Open document

08.03.2006 - Source: US Department of State

The constitution: An Overview ("Country Report on Human Rights Practices 2005") [#46041],  [ID 12104]

"Although the constitution provides citizens the right to change their government peacefully, under the January CPA between the government and the SPLM, all governmental positions are appointive until the national elections scheduled to be held no later than 2009. Effective July 9 the state of emergency was lifted except in Darfur and in the Kassala and Red Sea states.

The interim constitution establishing the GNU, adopted on July 6, provides for power sharing nationwide between the NCP and the SPLM. A three-member presidency heads the government and consists of a president, Omar Hassan El-Bashir (NCP); a first vice President, Mayardit Salva Kiir (SPLM); and a vice president, Ali Taha (NCP). A bicameral legislature is composed of the 450-member National Assembly and 52-member Council of States. Legislative and cabinet positions are allocated by a CPA-specified formula that reserves 52 percent of the positions for the NCP, 28 percent for the SPLM, 14 percent for northern opposition parties, and 6 percent for southern parties. GNU members took office on September 22, and on October 23, Salva Kiir Mayardit, the country's first vice president and president of the Government of Southern Sudan (GOSS), appointed the cabinet of the GOSS. On September 21, Kiir appointed governors of the 10 states of southern Sudan, and each southern state also formed its legislative assembly with 48 members allocated proportionally as stipulated in the CPA: 70 percent to the SPLM, 15 percent to the NCP, and 15 percent to other southern political forces. Southern Sudan's legislative assembly approved an interim constitution on October 24, which President Kiir signed on December 5."

Document(s): Open document