| SUDAN Republic of Sudan Jumhuriyat as-Sudan Joined United Nations: 12 November 1956 Human Rights as assured by their constitution Updated 07/28/10 |
THE STATE AND THE CONSTITUTION
Nature of the State
1. The Republic of the Sudan is a sovereign, democratic, decentralized, multi-cultural, multi-racial, multi-ethnic, multi-religious, and multi-
lingual State; committed to the respect and promotion of human dignity and founded on justice, equality and the advancement of human
rights and freedoms. It is an all embracing homeland wherein races and cultures coalesce and religions co-exist in harmony;
The 1998 Constitution: Article 1
Machakos Protocol: 1.1 and Preamble.
Sovereignty
2. 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; Power Sharing: 1.4.1, Schedule F.
Supremacy of the Interim National Constitution
3. This 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;
Machakos Protocol : 3.1.
Power Sharing: 2.12.11 and 2.12.12
Fundamental Bases of the Constitution
4. This Constitution is predicated upon and guided by the following principles:
(a) The unity of the Sudan shall be based on the free will of its people, the rule of law, democratic governance, accountability, equality,
respect and justice for all citizens,
(b) Religion, beliefs, customs and traditions are a source of moral strength and inspiration for the Sudanese people,
(c) The cultural and social diversity of the Sudanese people shall be 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 people exercised by them in free, direct, and periodic
elections conducted through universal adult suffrage in secret balloting;
Machakos Protocol: 1.1, 1.4
Sources of Legislation
5. (1) Nationally enacted legislation having effect only in respect of the states outside Southern Sudan shall have as its sources of
legislation Sharia and the consensus of the people;
(2) Nationally enacted legislation applicable to Southern Sudan and/or states of Southern Sudan shall have as its sources of legislation
popular consensus, the values and the customs of the people of the Sudan, including their traditions and
religious beliefs, having regard to the Sudan’s diversity;
(3) Where national legislation is currently in operation or is enacted and its source is religious or customary law, then a state, and subject
to Article 26 (a) herein in 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 or provide for institutions or practices in that state consistent with their religion or customs,
or
(b) Refer the law to the Council of States for it to approve by a two-thirds majority or initiate national legislation which will provide for
such necessary alternative institutions as is appropriate;
Machakos Protocol : 3.2.2 and 3.2.3
Religious Rights
6. The State shall respect the following religious rights:
(a) To worship or assemble in connection with a religion or belief and to establish and maintain places for these purposes,
(b) To establish and maintain appropriate charitable or humanitarian institutions,
(c) To make, acquire and use the necessary articles and materials related to the rites or customs of a religion or belief,
(d) To write, issue and disseminate religious publications,
(e) To teach religion or belief in places suitable for these purposes,
(f) To solicit and receive voluntary financial and other contributions from individuals and private and public institutions,
(g) To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or
belief,
(h) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of religious beliefs,
(i) To communicate with individuals and communities in matters of religion and belief at national and international levels;
Machakos Protocol: 6.5
Nationality and Citizenship
7. (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 a non-alienable right to enjoy Sudanese nationality and citizenship;
(3) The law shall regulate citizenship and naturalization; no naturalized Sudanese shall be deprived of his /her acquired citizenship except in
accordance with the law;
(4) A Sudanese national may acquire a nationality of another country as shall be regulated by law;
Two Areas: Preamble
The 1998 Constitution: Article 22
Language
8. (1) All indigenous languages of the Sudan are national languages and shall be respected, developed and promoted;
(2) Arabic language is the widely spoken national language in the Sudan;
(3) Arabic, as a major language at the national level, and English shall be the official 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(s) as
additional official working language(s) 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;
Power Sharing: 2.8
National Symbols
9. The law shall specify the national flag, national emblem, national anthem, public seal, medals, national festivals and commemorations of
the State;
The 1998Constitution: Article 5 and Schedule A : 24
CHAPTER II
GUIDING PRINCIPLES AND DIRECTIVES
National Economy
10. The State shall develop and manage the national economy in order to promote prosperity, create an efficient and self-reliant economy;
it shall also enhance regional economic integration. The overarching aim of economic development shall be the eradication of poverty
within the Millennium Development Goals, the minimization of inequalities of income, and promotion of a decent quality of life for all
citizens;
The 1998 Constitution: Article 8.
Wealth Sharing: 1.4
Environment and Natural Resources
11. (1) The right of the people of the Sudan to a clean and diverse environment shall be guaranteed and safeguarded; and the State and the
citizens have the duty to preserve and promote the country’s biodiversity. The State shall not pursue any
policy or take or permit any action, which may seriously affect the existence of any species of animal or vegetative life or their natural or
adopted habitat;
(2) The State shall promote, through legislation, sustainable utilization of natural resources and best practices with respect to management
and control thereof;
Wealth Sharing Agreement: 1.10
Social Justice
12. (1) The State shall develop strategies and policies to ensure social justice among all people of the Sudan, especially through
safeguarding means of livelihood and opportunities of employment. To that end the State may also encourage mutual assistance, self-help
and charity;
(2) No qualified person shall be denied access to a profession or employment on the basis of physical disability; persons with physical
disabilities shall have the right to participate in the social, vocational, creative or recreational activities;
The 1998 Constitution:11.
Education, Science, Art, Culture and Cultural Heritage
13. (1) (a) The State shall promote education at the primary, secondary and tertiary levels, all over the Sudan and shall ensure free
education at the primary level and in illiteracy eradication programme The State, within the limits of its economic capacity, shall make
education affordable at other levels;
(b) Any 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 capacities for enhancement of education and development of
scientific research, especially Research and Development and information technology;
(3) The State shall encourage and promote art and craft and performing arts and foster their patronization by government institutions and
individual citizens;
(4) The State shall recognize the richness of the Sudan’s cultural diversity and shall encourage such multiple cultures to harmoniously
flourish and find expression, especially through the official media and education;
(5) The State shall protect the Sudan’s cultural heritage, such as monuments and places and objects of national, historic or religious
importance, from destruction, discretion, unlawful removal or illicit export;
The 1998 Constitution: Article 12
Two Areas: Preamble
Children, Youth and Sports
14. (1) The State shall direct policies and provide facilities for youth welfare and ensure that they develop morally and physically; the State
shall also protect children from moral and physical abuse and abandonment;
(2) The State shall promote sports, especially in public educational institutions and through community centres, and facilitate for the youth
to develop their potentials and enjoy their leisure in a healthy environment;
The 1998 Constitution:14.
Family, Women and Marriage
15. (1) The family is the natural and fundamental group unit of society and is entitled to the protection of law; the right of men and
women of marriageable age to marry and 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 the intending spouses;
(2) The State shall emancipate women from injustice, promote gender equality and encourage the role of women in family and public life;
The 1998 Constitution: 15
Power Sharing: 1.6.2.10
Morals and Public Integrity
16. (1) The State shall enact laws to protect society from corruption, delinquency, and social evils and steer the society as a whole
towards acceptable social values consistent with cultural and religious diversity of the Sudan;
(2) To ensure integrity in public life, the State shall create institutions and enact laws to eliminate corruption and inhibit abuse of power;
The 1998 Constitution: 16.
Foreign Policy
17. (1) The foreign policy of the Sudan shall serve, first and foremost, the national interest. Foreign policy shall be conducted in an
independent and transparent manner with a view to achieving, inter alia, the following:
(a) Promotion of international cooperation, especially within the UN family and other international and regional organizations, for the
purposes of consolidating universal peace, respect international law and treaty obligations and fostering a just world economic and political
order,
(b) Enhancement of economic cooperation among countries of the global South,
(c) Fulfilment of African and Arab economic integration, each within the ongoing regional plans and forums as well as promoting African
and
Arab Unity and Afro-Arab cooperation as foreseen in those plans,
(d) Non-interference in the affairs of other States, promotion of goodneighbourliness and mutual cooperation with all neighbours and
maintaining just and honourable relations with other countries,
(e) Combating international and trans-boundary organized crime and terrorism,
(f) Enhancement of respect for fundamental rights and basic freedoms in regional and international fora,
(g) Promotion of dialogue among civilizations;
(2) The President of the Republic shall guide and supervise the foreign policy of the State and ratify treaties and international agreements
with the approval of the National Legislature;
The 1998 Constitution: 17.
Power Sharing: 2.9.1.1, 2.9.1.2, 2.9.1.3, 2.9.1.4, 2.9.1.5.
Defence of the Country
18. Defending the Country is an honour and a duty; the State shall care for the combatants, afflicted in war and the families of the
martyrs;
The 1998 Constitution:7.
Security Arrangements: 1. (b)
Ceasefire Agreement: 16.2
Public Health
19. The State shall promote public health and provide basic medical services and facilities;
The 1998 Constitution: 13
Fiscal Levies and Tariffs
20. No taxes, fees, tariffs or other fiscal dues, including Zakat on Muslims, shall
be levied save by law;
The 1998 Constitution: 28 (2), 10.
National Reconciliation
21. The State shall initiate a comprehensive process of national reconciliation and healing that shall promote national harmony and peaceful
co-existence among all Sudanese;
Power Sharing: 1.7
Protocol on Abyei: Article 9.
Saving
22. 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 laws;
The 1998 Constitution: 19
CHAPTER III
DUTIES OF THE CITIZEN
Duties of the Citizen
23 .(1) It shall be the duty of every Sudanese citizen to owe allegiance to the Republic of the Sudan, abide by this Constitution and respect
the institutions created thereunder, safeguard the territorial integrity of the country, having due regard, in the later case, to the right of the
citizens of Southern Sudan provided for in Part Fifteen of this Constitution;
(2) In particular every citizen shall:
(a) Defend the country and respond to the call for national defense within the terms of this Constitution,
(b) Abjure violence and, instead, promote harmony, fraternity and tolerance among all people of the Sudan transcending religious,
regional, linguistic, and sectoral divisions,
(c) Preserve public assets and respect legal and financial obligations towards the State and others,
(d) Avert and thwart corruption,
(e) Participate fully in the development of the country,
(f) Take part in the general elections and referenda as stipulated in this Constitution and provided for by the law,
(g) Co-operate with the law enforcement agencies in the maintenance of law and order as provided for by law,
(h) Preserve the natural environment,
(i) Generally be guided and informed in his/her actions by the interests of the nation, and the tenets enshrined in this Constitution;
The 1998 Constitution: Article 35.
PART TWO
THE BILL OF RIGHTS
Nature of the Bill of Rights
27. This Bill of Rights is a covenant between the Sudanese people and between them and their governments at every level and also a
commitment to respect and promote the human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of
social justice, equality and democracy in the Sudan; the State shall guarantee, protect, and fulfil this Bill; all rights and freedoms enshrined
in international human rights treaties, covenants and instruments ratified by the Republic of the Sudan shall be an integral part of this Bill;
Power Sharing: 1.6.1
Life and Human Dignity
28. Every human being has the inherent right to life, dignity and the integrity of his/her person, which shall be protected by law; no one
shall be arbitrarily deprived of his/her life;
The 1998 Constitution: 20.
Power Sharing: 1.6.2.1
Personal Liberty
29. Every one has the right to liberty and security of person; no one shall be subjected to arbitrary arrest or detention nor be deprived of
his/her liberty except on such grounds and in accordance with such procedures as are established by law;
Power Sharing: 1.6.2.2.
Slavery
30. Slavery and the slave trade in all their forms shall be prohibited; no one shall be held in slavery or servitude. No one shall be required
to perform forced or compulsory labour except as a penalty by a court of law for certain crimes as determined by law,
Power Sharing: 1.6.2.3.
Equality before the Law
31. All persons are equal before the law and are entitled without any discrimination, as to race, colour, sex, language, religious creed,
political or other opinion, national, social or ethnic origin, property, birth or other status, to the equal protection of the law;
The 1998 Constitution: Article 21.
Protocol on Power Sharing: 1.6.2.12, 1.6.2.13.
Equal Rights of Men and Women
32. The equal rights of men and women to the enjoyment of all civil and political rights and all social, cultural and economic rights,
including the right of equal pay for equal work, shall be ensured;
Protocol on Power Sharing: 1.6.2.16.
Torture
33. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;
Protocol on Power Sharing: 1.6.2.4
Fair Trial
34. (1) anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest and shall be promptly informed of
any charges against him/her;
(2) In the determination of any criminal charges or rights and obligations in a law suit, the accused shall be entitled to a fair and public
hearing by a competent, independent and impartial court of law;
(3) Everyone charged with an offence shall be presumed innocent until proved guilty according to law;
(4) No one shall be held guilty on account of any act or omission which did not constitute an offence under national, Southern Sudan or
state laws, or international law at the time when it was committed;
(5) In the determination of any criminal charge against anybody, he/she shall be entitled to be tried in his/her presence without any undue
delay and to defend himself/herself in person or through legal assistance of his/her own choice and to have legal aid assigned to him/her
where the interest of justice so require;
Power Sharing: 1.6.2.5.
Right to Litigation
35. (1) The right to litigate shall be guaranteed for all persons and no one shall be denied the right to sue;
(2) Everyone has the right to have any dispute, that can be resolved by the application of law, decided in a fair public hearing before a
court of law or, where appropriate, before any other independent and impartial tribunal or forum specified by law or agreement;
The 1998 Constitution: 31
Sanctity from Death Penalty
36. No death penalty shall be inflicted save as retribution or punishment for extremely serious offences in accordance with the law;
The 1998 Constitution: 33
Privacy
37. The private life of the citizen shall be inviolable; no one shall be subjected to arbitrary or unlawful interference with his/her privacy,
family, home or correspondence; the privacy of citizens shall not be violated save with a judicial warrant or in accordance with the law;
Power Sharing: 1.6.2.6.
Freedom of Creed and Worship
38. Every one shall have the right to the freedom of conscience and religious creed, and shall have the right to declare his/her religion or
creed and manifest the same, subject to requirements of law and public order, by way of worship, education, practice or performance of
rites or ceremonies; no one shall be coerced to adopt such faith, as he/she does not believe in, nor to practice rites or services to which
he/she does not voluntarily consent;
The 1998 Constitution: 24.
Power Sharing: 1.6.2.7.
Freedom of Expression and of the Media
39. (1) Every citizen shall have the right to the freedom of expression, reception of information, publication, and access to the press
without prejudice to order, safety and public morals as determined by law;
(2) The State shall guarantee the freedom of press and other media including the right to information in a competitive environment as shall
be regulated by law in a democratic society;
The 1998 Constitution: 25.
Power Sharing: 1.6.2.8.
Freedom of Assembly and Association
40. (1) The right of peaceful assembly shall be guaranteed; every one shall have the right to freedom of association with others, including
the right to form and join political parties, associations and trade or professional unions for the protection
of his/her interests;
(2) The right to establish political parties, associations and trade or professional unions shall be guaranteed, the law shall regulate the
exercise of this right as is necessary in a democratic society;
(3) No association shall function as a political party at the national level unless it:
(a) has its membership open to all Sudanese irrespective of religion, ethnic origin, sex or place of birth,
(b) has a programme that upholds the Comprehensive Peace Agreement, and conforms to this Constitution,
(c) has a democratically elected leadership and institutions,
(d) has disclosed and transparent sources of funding;
The 1998 Constitution: 26.
Power Sharing: 1.6.2.9.
Right to Vote
41. Every citizen shall have the right and the opportunity, without distinctions and unreasonable restrictions, to take part in the conduct of
public affairs, through voting and standing for election in genuine periodic elections, which shall be by universal and equal adult suffrage
and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
Protocol on Power Sharing: 1.6.2.11
Freedom of Movement and Residence
42. (1) Every citizen shall have the right to the freedom of movement and the liberty to choose his/her 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;
The 1998 Constitution: 23.
Power Sharing: 1.6.2.14.
Right to Property
43. (1) Every person shall have the right to acquire or own property;
(2) No private property may be expropriated save by law in the public interest and in consideration for prompt and fair compensation;
The 1998 Constitution: 28 (1).
Right to Education
44. (1) Education is a right for every citizen and the State shall provide equal access to education without discrimination as to religion,
ethnic origin, gender or physical disability;
(2) The State shall provide free primary education;
Rights of Persons with Disabilities
45. Persons with disabilities are entitled to enjoy all the rights and freedoms set out in this Constitution; in particular, respect of their
human dignity, access to suitable education and employment and full participation in society shall be guaranteed;
Equal Access to Public Health Care
46. All citizens shall have equal access to public health care and basic medical services;
Ethnic and Cultural Communities
47. Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures, practice their beliefs, use their
languages, observe their religions and raise their children within the framework of their respective cultures;
The 1998 Constitution: 27
Sanctity of Rights
48. No derogation from the rights and freedoms enshrined in this Bill shall be made except in accordance with the provisions of this
Constitution and only with the approval of the National Legislature. This Bill of human rights and fundamental freedoms shall be upheld,
protected, applied and enforced by the Constitutional Court and other competent courts; the Human Rights Commission shall monitor its
application and enforcement;
The 1998 Constitution: 34.
Power Sharing: 1.6.2.16 (b) and (c)
THE INTERIM CONSTITUTION OF SOUTHERN SUDAN, 2005
CHAPTER II
SOUTHERN SUDAN RIGHT TO SELF-DETERMINATION
Affirmation of the Right to Self-Determination
9. (1) The people of Southern Sudan have the right to self-determination through a referendum to determine their future status.
(2) Any Southern Sudanese who has attained the age of eighteen shall have the right to vote in the referendum.
(3) For purposes of the referendum in sub-Article (1) above and without prejudice to Article 48 (2) herein, a Southern Sudanese is:
(a) any person whose either parent or grandparent is or was a member of any of the indigenous communities existing in Southern Sudan
before or on January 1, 1956; or whose ancestry can be traced through agnatic or male line to any one of the ethnic communities of
Southern Sudan; or
(b) any person who has been permanently residing or whose mother and/or father or any grandparent have been permanently
residing in Southern Sudan as of January 1, 1956.
Southern Sudan Referendum Commission
10. (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 of the Republic of the Sudan shall, as soon as the Southern Sudan Referendum Act is promulgated, establish the
Southern Sudan Referendum Commission.
The Referendum on Self-Determination
11. (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 the Southern Sudan Referendum Commission in cooperation with the National Government and the
Government of Southern Sudan.
(2) The people of Southern Sudan, voting on a single ballot and by majority vote, shall either:
(a) confirm unity of the Sudan by voting to adopt the system of government established under the Comprehensive Peace
Agreement, this Constitution and the Interim National Constitution; or
(b) vote for secession.
Assessment and Evaluation Commission
12. (1) An independent Assessment and Evaluation Commission shall be established by the President of the Republic with the consent of
the First Vice President of the Republic 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 signatory 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 an attractive option to the
people of Southern Sudan.
PART TWO
BILL OF RIGHTS
Nature of the Bill of Rights
13. (1) The Bill of Rights is a covenant among the people of Southern Sudan and between them and their government 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 Southern Sudan.
(2) The rights and freedoms of the individual and groups enshrined in this Bill shall be respected, upheld and promoted by all organs and
agencies of the Government of Southern Sudan and by all persons.
(3) All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified by the Republic of the
Sudan shall be an integral part of this Bill.
(4) This Bill of Rights shall be upheld by the Southern Sudan Supreme Court and other competent courts and monitored by the Southern
Sudan Human Rights Commission.
(5) The rights and freedoms guaranteed by this Constitution supplement and complement the Bill of Rights in the Interim National
Constitution.
Sanctity of Rights and Freedoms
14. Subject to Article 199 (2) 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, Southern Sudan Supreme Court and other
competent courts; the Southern Sudan Human Rights Commission shall monitor its application in Southern Sudan in accordance with this
Constitution and the law.
Life and Human Dignity
15. Every person has the inherent right to life, dignity and the integrity of his or her person which shall be protected by law; no one shall
be arbitrarily deprived of his or her life.
Personal Liberty
16. Every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction
of his or her liberty except for specified reasons and in accordance with procedures prescribed by law.
Freedom from Slavery, Servitude and Forced Labour
17. (1) Slavery and slave trade in every form are 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 competent court of law.
Equality before the Law
18. All persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin,
colour, sex, language, religious creed, political opinion, birth, locality or social status.
Right to found a family
19. Every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their
respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry.
Rights of Women
20. (1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal pay for equal work and other related benefits with men.
(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government in Southern Sudan shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per
cent as an affirmative action to redress imbalances created by history, customs and traditions;
(b) enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and
(c) provide maternity and child care and medical care for pregnant and lactating women.
(5) Women shall have the right to own property and share in the estate of their deceased husbands together with any surviving legal heirs
of the deceased.
Rights of the Child
21. (1) Every child has the right:
(a) to life, survival and development;
(b) to a name and nationality
(c) to know and be cared for by his or her parents or legal guardian;
(d) not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which
may be hazardous or harmful to his or her education, health or well-being;
(e) to be free from any form of discrimination;
(f) to be free from corporal punishment and cruel and inhuman treatment by any person including parents, school administrations and
other institutions;
(g) not to be subjected to negative and harmful cultural practices which affect his or her health, welfare and dignity; and
(h) to be protected from abduction and trafficking.
(2) In all actions concerning children undertaken by public and private welfare institutions, courts of law, administrative authorities or
legislative bodies, the primary consideration shall be the best interest of the child.
(3) All levels of government in Southern Sudan shall accord special protection to orphans and other vulnerable children; child adoption
shall be regulated by law.
(4) For the purposes of this Constitution, a child is any person under the age of eighteen years.
Freedom from Torture
22. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Fair Trial
23. (1) An accused is presumed to be innocent until his or her guilt is proved according to the law.
(2) Any person who is arrested shall be informed, at the time of arrest, of the reasons for his or her arrest and shall be promptly informed
of any charges against him or her.
(3) In all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by a competent court of law in
accordance with procedures prescribed by law.
(4) No person shall be charged with any act or omission which did not constitute an offence at the time of its commission.
(5) Every accused person shall be entitled to be tried in his or her presence in any criminal trial without undue delay; the law shall regulate
trial in absentia.
(6) Any accused person has the right to defend himself or herself in person or through a lawyer of his or her own choice and to have
legal aid assigned to him or her by the government where he or she is unable to defend himself or herself in serious offences.
Right to Litigation
24. The right to litigation shall be guaranteed for all persons; no person shall be denied the right to resort to courts of law to redress
grievances whether against government or against any individual or organization.
Restriction on Death Penalty
25. (1)No death penalty shall be imposed, save as punishment for extremely serious offences in accordance with the law.
(2) No death penalty shall be imposed on a person under the age of eighteen or a person who has attained the age of seventy.
(3) No death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation.
Privacy
26. The privacy of all persons shall be inviolable; no person shall be subjected to interference with his or her private life, family, home or
correspondence, save in accordance with the law.
Religious Rights
27. The following religious rights are guaranteed by this Constitution:
(a) the right to worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes;
(b) the right to establish and maintain appropriate faith-based; charitable or humanitarian institutions;
(c) the right to acquire, possess and own movable and immovable property and make, acquire and use the necessary articles and materials
related to the rites or customs of religion or belief;
(d) the right to write, issue and disseminate religious publications;
(e) the right to teach religion or beliefs in places suitable for these purposes;
(f) the right to solicit and receive voluntary financial and other contributions from individuals, private and public institutions;
(g) the right to train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of
any religion or belief;
(h) the right to observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs;
and
(i) The right to communicate with individuals and communities in matters of religion and beliefs in Southern Sudan and at national and
international levels.
Freedom of Expression and Media
28. (1) Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication,
and access to the press without prejudice to order, safety or public morals as determined by law.
(2) All levels of government in Southern Sudan 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.
Freedom of Assembly and Association
29. (1) The right to peaceful assembly is recognized and guaranteed; every person shall have the right to freedom of association with
others, including the right to form or join political parties, associations and trade or professional unions for the protection of his or her
interests.
(2) Formation and registration of 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 Southern Sudan or state level unless it has:-
(a) its membership open to any Sudanese irrespective of religion, gender, ethnic origin or place of birth;
(b) a programme that does not contradict the provisions of the Interim National Constitution and this Constitution;
(c) a democratically elected leadership and institutions; and
(d) disclosed and transparent sources of funding.
Right to Participation and Voting
30. (1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall
have the right to nominate himself or herself for a public post or office in accordance with this Constitution and the law.
(2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law.
Freedom of Movement and Residence
31. (1) Every citizen shall have the right to freedom of movement and the liberty to choose his or her residence in Southern
Sudan except for reasons of public health and safety as shall be regulated by law.
(2) Every citizen shall have the right to leave and or return to Southern Sudan.
Right to Own Property
32. (1) Every citizen shall have the right to acquire or own property as regulated by
law.
(2) No private property may be expropriated save by law in the public interest and in consideration for prompt and fair compensation. No
private property shall be confiscated save by an order of a court of law.
Right to Education
33. (1) Education is a right for every citizen and all levels of government in Southern Sudan shall provide access to education without
discrimination as to religion, race, ethnicity, HIV status, gender or disability.
(2) All levels of government in Southern Sudan shall promote education at all levels and shall ensure free and compulsory education at the
primary level; they shall also provide free illiteracy eradication programmes.
Rights of Persons with Special Needs and the Elderly
34. (1) All levels of government in Southern Sudan shall guarantee to persons with special needs participation in society and the enjoyment
of rights and freedoms set out in this Constitution, especially access to public utilities, suitable education and employment.
(2) The elderly and persons with special needs shall have the right to the respect of their dignity. They shall be provided with the
necessary care and medical services as shall be regulated by law.
Public Health Care
35. All levels of government in Southern Sudan shall promote public health, establish, rehabilitate and develop basic medical and diagnostic
institutions and provide free primary health care and emergency services for all citizens.
Right of Access to Information
36. Every citizen has the right of access to official information and records, including electronic records in the possession of any level of
government in Southern Sudan or any organs or agencies thereof, except where the release of such information is likely to prejudice
public security or the right to privacy of any other person.
Rights of Ethnic and Cultural Communities
37. 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 context of their respective cultures and customs in accordance with this Constitution and the law.
Nature of the State
1. The Republic of the Sudan is a sovereign, democratic, decentralized, multi-cultural, multi-racial, multi-ethnic, multi-religious, and multi-
lingual State; committed to the respect and promotion of human dignity and founded on justice, equality and the advancement of human
rights and freedoms. It is an all embracing homeland wherein races and cultures coalesce and religions co-exist in harmony;
The 1998 Constitution: Article 1
Machakos Protocol: 1.1 and Preamble.
Sovereignty
2. 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; Power Sharing: 1.4.1, Schedule F.
Supremacy of the Interim National Constitution
3. This 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;
Machakos Protocol : 3.1.
Power Sharing: 2.12.11 and 2.12.12
Fundamental Bases of the Constitution
4. This Constitution is predicated upon and guided by the following principles:
(a) The unity of the Sudan shall be based on the free will of its people, the rule of law, democratic governance, accountability, equality,
respect and justice for all citizens,
(b) Religion, beliefs, customs and traditions are a source of moral strength and inspiration for the Sudanese people,
(c) The cultural and social diversity of the Sudanese people shall be 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 people exercised by them in free, direct, and periodic
elections conducted through universal adult suffrage in secret balloting;
Machakos Protocol: 1.1, 1.4
Sources of Legislation
5. (1) Nationally enacted legislation having effect only in respect of the states outside Southern Sudan shall have as its sources of
legislation Sharia and the consensus of the people;
(2) Nationally enacted legislation applicable to Southern Sudan and/or states of Southern Sudan shall have as its sources of legislation
popular consensus, the values and the customs of the people of the Sudan, including their traditions and
religious beliefs, having regard to the Sudan’s diversity;
(3) Where national legislation is currently in operation or is enacted and its source is religious or customary law, then a state, and subject
to Article 26 (a) herein in 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 or provide for institutions or practices in that state consistent with their religion or customs,
or
(b) Refer the law to the Council of States for it to approve by a two-thirds majority or initiate national legislation which will provide for
such necessary alternative institutions as is appropriate;
Machakos Protocol : 3.2.2 and 3.2.3
Religious Rights
6. The State shall respect the following religious rights:
(a) To worship or assemble in connection with a religion or belief and to establish and maintain places for these purposes,
(b) To establish and maintain appropriate charitable or humanitarian institutions,
(c) To make, acquire and use the necessary articles and materials related to the rites or customs of a religion or belief,
(d) To write, issue and disseminate religious publications,
(e) To teach religion or belief in places suitable for these purposes,
(f) To solicit and receive voluntary financial and other contributions from individuals and private and public institutions,
(g) To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or
belief,
(h) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of religious beliefs,
(i) To communicate with individuals and communities in matters of religion and belief at national and international levels;
Machakos Protocol: 6.5
Nationality and Citizenship
7. (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 a non-alienable right to enjoy Sudanese nationality and citizenship;
(3) The law shall regulate citizenship and naturalization; no naturalized Sudanese shall be deprived of his /her acquired citizenship except in
accordance with the law;
(4) A Sudanese national may acquire a nationality of another country as shall be regulated by law;
Two Areas: Preamble
The 1998 Constitution: Article 22
Language
8. (1) All indigenous languages of the Sudan are national languages and shall be respected, developed and promoted;
(2) Arabic language is the widely spoken national language in the Sudan;
(3) Arabic, as a major language at the national level, and English shall be the official 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(s) as
additional official working language(s) 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;
Power Sharing: 2.8
National Symbols
9. The law shall specify the national flag, national emblem, national anthem, public seal, medals, national festivals and commemorations of
the State;
The 1998Constitution: Article 5 and Schedule A : 24
CHAPTER II
GUIDING PRINCIPLES AND DIRECTIVES
National Economy
10. The State shall develop and manage the national economy in order to promote prosperity, create an efficient and self-reliant economy;
it shall also enhance regional economic integration. The overarching aim of economic development shall be the eradication of poverty
within the Millennium Development Goals, the minimization of inequalities of income, and promotion of a decent quality of life for all
citizens;
The 1998 Constitution: Article 8.
Wealth Sharing: 1.4
Environment and Natural Resources
11. (1) The right of the people of the Sudan to a clean and diverse environment shall be guaranteed and safeguarded; and the State and the
citizens have the duty to preserve and promote the country’s biodiversity. The State shall not pursue any
policy or take or permit any action, which may seriously affect the existence of any species of animal or vegetative life or their natural or
adopted habitat;
(2) The State shall promote, through legislation, sustainable utilization of natural resources and best practices with respect to management
and control thereof;
Wealth Sharing Agreement: 1.10
Social Justice
12. (1) The State shall develop strategies and policies to ensure social justice among all people of the Sudan, especially through
safeguarding means of livelihood and opportunities of employment. To that end the State may also encourage mutual assistance, self-help
and charity;
(2) No qualified person shall be denied access to a profession or employment on the basis of physical disability; persons with physical
disabilities shall have the right to participate in the social, vocational, creative or recreational activities;
The 1998 Constitution:11.
Education, Science, Art, Culture and Cultural Heritage
13. (1) (a) The State shall promote education at the primary, secondary and tertiary levels, all over the Sudan and shall ensure free
education at the primary level and in illiteracy eradication programme The State, within the limits of its economic capacity, shall make
education affordable at other levels;
(b) Any 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 capacities for enhancement of education and development of
scientific research, especially Research and Development and information technology;
(3) The State shall encourage and promote art and craft and performing arts and foster their patronization by government institutions and
individual citizens;
(4) The State shall recognize the richness of the Sudan’s cultural diversity and shall encourage such multiple cultures to harmoniously
flourish and find expression, especially through the official media and education;
(5) The State shall protect the Sudan’s cultural heritage, such as monuments and places and objects of national, historic or religious
importance, from destruction, discretion, unlawful removal or illicit export;
The 1998 Constitution: Article 12
Two Areas: Preamble
Children, Youth and Sports
14. (1) The State shall direct policies and provide facilities for youth welfare and ensure that they develop morally and physically; the State
shall also protect children from moral and physical abuse and abandonment;
(2) The State shall promote sports, especially in public educational institutions and through community centres, and facilitate for the youth
to develop their potentials and enjoy their leisure in a healthy environment;
The 1998 Constitution:14.
Family, Women and Marriage
15. (1) The family is the natural and fundamental group unit of society and is entitled to the protection of law; the right of men and
women of marriageable age to marry and 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 the intending spouses;
(2) The State shall emancipate women from injustice, promote gender equality and encourage the role of women in family and public life;
The 1998 Constitution: 15
Power Sharing: 1.6.2.10
Morals and Public Integrity
16. (1) The State shall enact laws to protect society from corruption, delinquency, and social evils and steer the society as a whole
towards acceptable social values consistent with cultural and religious diversity of the Sudan;
(2) To ensure integrity in public life, the State shall create institutions and enact laws to eliminate corruption and inhibit abuse of power;
The 1998 Constitution: 16.
Foreign Policy
17. (1) The foreign policy of the Sudan shall serve, first and foremost, the national interest. Foreign policy shall be conducted in an
independent and transparent manner with a view to achieving, inter alia, the following:
(a) Promotion of international cooperation, especially within the UN family and other international and regional organizations, for the
purposes of consolidating universal peace, respect international law and treaty obligations and fostering a just world economic and political
order,
(b) Enhancement of economic cooperation among countries of the global South,
(c) Fulfilment of African and Arab economic integration, each within the ongoing regional plans and forums as well as promoting African
and
Arab Unity and Afro-Arab cooperation as foreseen in those plans,
(d) Non-interference in the affairs of other States, promotion of goodneighbourliness and mutual cooperation with all neighbours and
maintaining just and honourable relations with other countries,
(e) Combating international and trans-boundary organized crime and terrorism,
(f) Enhancement of respect for fundamental rights and basic freedoms in regional and international fora,
(g) Promotion of dialogue among civilizations;
(2) The President of the Republic shall guide and supervise the foreign policy of the State and ratify treaties and international agreements
with the approval of the National Legislature;
The 1998 Constitution: 17.
Power Sharing: 2.9.1.1, 2.9.1.2, 2.9.1.3, 2.9.1.4, 2.9.1.5.
Defence of the Country
18. Defending the Country is an honour and a duty; the State shall care for the combatants, afflicted in war and the families of the
martyrs;
The 1998 Constitution:7.
Security Arrangements: 1. (b)
Ceasefire Agreement: 16.2
Public Health
19. The State shall promote public health and provide basic medical services and facilities;
The 1998 Constitution: 13
Fiscal Levies and Tariffs
20. No taxes, fees, tariffs or other fiscal dues, including Zakat on Muslims, shall
be levied save by law;
The 1998 Constitution: 28 (2), 10.
National Reconciliation
21. The State shall initiate a comprehensive process of national reconciliation and healing that shall promote national harmony and peaceful
co-existence among all Sudanese;
Power Sharing: 1.7
Protocol on Abyei: Article 9.
Saving
22. 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 laws;
The 1998 Constitution: 19
CHAPTER III
DUTIES OF THE CITIZEN
Duties of the Citizen
23 .(1) It shall be the duty of every Sudanese citizen to owe allegiance to the Republic of the Sudan, abide by this Constitution and respect
the institutions created thereunder, safeguard the territorial integrity of the country, having due regard, in the later case, to the right of the
citizens of Southern Sudan provided for in Part Fifteen of this Constitution;
(2) In particular every citizen shall:
(a) Defend the country and respond to the call for national defense within the terms of this Constitution,
(b) Abjure violence and, instead, promote harmony, fraternity and tolerance among all people of the Sudan transcending religious,
regional, linguistic, and sectoral divisions,
(c) Preserve public assets and respect legal and financial obligations towards the State and others,
(d) Avert and thwart corruption,
(e) Participate fully in the development of the country,
(f) Take part in the general elections and referenda as stipulated in this Constitution and provided for by the law,
(g) Co-operate with the law enforcement agencies in the maintenance of law and order as provided for by law,
(h) Preserve the natural environment,
(i) Generally be guided and informed in his/her actions by the interests of the nation, and the tenets enshrined in this Constitution;
The 1998 Constitution: Article 35.
PART TWO
THE BILL OF RIGHTS
Nature of the Bill of Rights
27. This Bill of Rights is a covenant between the Sudanese people and between them and their governments at every level and also a
commitment to respect and promote the human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of
social justice, equality and democracy in the Sudan; the State shall guarantee, protect, and fulfil this Bill; all rights and freedoms enshrined
in international human rights treaties, covenants and instruments ratified by the Republic of the Sudan shall be an integral part of this Bill;
Power Sharing: 1.6.1
Life and Human Dignity
28. Every human being has the inherent right to life, dignity and the integrity of his/her person, which shall be protected by law; no one
shall be arbitrarily deprived of his/her life;
The 1998 Constitution: 20.
Power Sharing: 1.6.2.1
Personal Liberty
29. Every one has the right to liberty and security of person; no one shall be subjected to arbitrary arrest or detention nor be deprived of
his/her liberty except on such grounds and in accordance with such procedures as are established by law;
Power Sharing: 1.6.2.2.
Slavery
30. Slavery and the slave trade in all their forms shall be prohibited; no one shall be held in slavery or servitude. No one shall be required
to perform forced or compulsory labour except as a penalty by a court of law for certain crimes as determined by law,
Power Sharing: 1.6.2.3.
Equality before the Law
31. All persons are equal before the law and are entitled without any discrimination, as to race, colour, sex, language, religious creed,
political or other opinion, national, social or ethnic origin, property, birth or other status, to the equal protection of the law;
The 1998 Constitution: Article 21.
Protocol on Power Sharing: 1.6.2.12, 1.6.2.13.
Equal Rights of Men and Women
32. The equal rights of men and women to the enjoyment of all civil and political rights and all social, cultural and economic rights,
including the right of equal pay for equal work, shall be ensured;
Protocol on Power Sharing: 1.6.2.16.
Torture
33. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;
Protocol on Power Sharing: 1.6.2.4
Fair Trial
34. (1) anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest and shall be promptly informed of
any charges against him/her;
(2) In the determination of any criminal charges or rights and obligations in a law suit, the accused shall be entitled to a fair and public
hearing by a competent, independent and impartial court of law;
(3) Everyone charged with an offence shall be presumed innocent until proved guilty according to law;
(4) No one shall be held guilty on account of any act or omission which did not constitute an offence under national, Southern Sudan or
state laws, or international law at the time when it was committed;
(5) In the determination of any criminal charge against anybody, he/she shall be entitled to be tried in his/her presence without any undue
delay and to defend himself/herself in person or through legal assistance of his/her own choice and to have legal aid assigned to him/her
where the interest of justice so require;
Power Sharing: 1.6.2.5.
Right to Litigation
35. (1) The right to litigate shall be guaranteed for all persons and no one shall be denied the right to sue;
(2) Everyone has the right to have any dispute, that can be resolved by the application of law, decided in a fair public hearing before a
court of law or, where appropriate, before any other independent and impartial tribunal or forum specified by law or agreement;
The 1998 Constitution: 31
Sanctity from Death Penalty
36. No death penalty shall be inflicted save as retribution or punishment for extremely serious offences in accordance with the law;
The 1998 Constitution: 33
Privacy
37. The private life of the citizen shall be inviolable; no one shall be subjected to arbitrary or unlawful interference with his/her privacy,
family, home or correspondence; the privacy of citizens shall not be violated save with a judicial warrant or in accordance with the law;
Power Sharing: 1.6.2.6.
Freedom of Creed and Worship
38. Every one shall have the right to the freedom of conscience and religious creed, and shall have the right to declare his/her religion or
creed and manifest the same, subject to requirements of law and public order, by way of worship, education, practice or performance of
rites or ceremonies; no one shall be coerced to adopt such faith, as he/she does not believe in, nor to practice rites or services to which
he/she does not voluntarily consent;
The 1998 Constitution: 24.
Power Sharing: 1.6.2.7.
Freedom of Expression and of the Media
39. (1) Every citizen shall have the right to the freedom of expression, reception of information, publication, and access to the press
without prejudice to order, safety and public morals as determined by law;
(2) The State shall guarantee the freedom of press and other media including the right to information in a competitive environment as shall
be regulated by law in a democratic society;
The 1998 Constitution: 25.
Power Sharing: 1.6.2.8.
Freedom of Assembly and Association
40. (1) The right of peaceful assembly shall be guaranteed; every one shall have the right to freedom of association with others, including
the right to form and join political parties, associations and trade or professional unions for the protection
of his/her interests;
(2) The right to establish political parties, associations and trade or professional unions shall be guaranteed, the law shall regulate the
exercise of this right as is necessary in a democratic society;
(3) No association shall function as a political party at the national level unless it:
(a) has its membership open to all Sudanese irrespective of religion, ethnic origin, sex or place of birth,
(b) has a programme that upholds the Comprehensive Peace Agreement, and conforms to this Constitution,
(c) has a democratically elected leadership and institutions,
(d) has disclosed and transparent sources of funding;
The 1998 Constitution: 26.
Power Sharing: 1.6.2.9.
Right to Vote
41. Every citizen shall have the right and the opportunity, without distinctions and unreasonable restrictions, to take part in the conduct of
public affairs, through voting and standing for election in genuine periodic elections, which shall be by universal and equal adult suffrage
and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
Protocol on Power Sharing: 1.6.2.11
Freedom of Movement and Residence
42. (1) Every citizen shall have the right to the freedom of movement and the liberty to choose his/her 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;
The 1998 Constitution: 23.
Power Sharing: 1.6.2.14.
Right to Property
43. (1) Every person shall have the right to acquire or own property;
(2) No private property may be expropriated save by law in the public interest and in consideration for prompt and fair compensation;
The 1998 Constitution: 28 (1).
Right to Education
44. (1) Education is a right for every citizen and the State shall provide equal access to education without discrimination as to religion,
ethnic origin, gender or physical disability;
(2) The State shall provide free primary education;
Rights of Persons with Disabilities
45. Persons with disabilities are entitled to enjoy all the rights and freedoms set out in this Constitution; in particular, respect of their
human dignity, access to suitable education and employment and full participation in society shall be guaranteed;
Equal Access to Public Health Care
46. All citizens shall have equal access to public health care and basic medical services;
Ethnic and Cultural Communities
47. Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures, practice their beliefs, use their
languages, observe their religions and raise their children within the framework of their respective cultures;
The 1998 Constitution: 27
Sanctity of Rights
48. No derogation from the rights and freedoms enshrined in this Bill shall be made except in accordance with the provisions of this
Constitution and only with the approval of the National Legislature. This Bill of human rights and fundamental freedoms shall be upheld,
protected, applied and enforced by the Constitutional Court and other competent courts; the Human Rights Commission shall monitor its
application and enforcement;
The 1998 Constitution: 34.
Power Sharing: 1.6.2.16 (b) and (c)
THE INTERIM CONSTITUTION OF SOUTHERN SUDAN, 2005
CHAPTER II
SOUTHERN SUDAN RIGHT TO SELF-DETERMINATION
Affirmation of the Right to Self-Determination
9. (1) The people of Southern Sudan have the right to self-determination through a referendum to determine their future status.
(2) Any Southern Sudanese who has attained the age of eighteen shall have the right to vote in the referendum.
(3) For purposes of the referendum in sub-Article (1) above and without prejudice to Article 48 (2) herein, a Southern Sudanese is:
(a) any person whose either parent or grandparent is or was a member of any of the indigenous communities existing in Southern Sudan
before or on January 1, 1956; or whose ancestry can be traced through agnatic or male line to any one of the ethnic communities of
Southern Sudan; or
(b) any person who has been permanently residing or whose mother and/or father or any grandparent have been permanently
residing in Southern Sudan as of January 1, 1956.
Southern Sudan Referendum Commission
10. (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 of the Republic of the Sudan shall, as soon as the Southern Sudan Referendum Act is promulgated, establish the
Southern Sudan Referendum Commission.
The Referendum on Self-Determination
11. (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 the Southern Sudan Referendum Commission in cooperation with the National Government and the
Government of Southern Sudan.
(2) The people of Southern Sudan, voting on a single ballot and by majority vote, shall either:
(a) confirm unity of the Sudan by voting to adopt the system of government established under the Comprehensive Peace
Agreement, this Constitution and the Interim National Constitution; or
(b) vote for secession.
Assessment and Evaluation Commission
12. (1) An independent Assessment and Evaluation Commission shall be established by the President of the Republic with the consent of
the First Vice President of the Republic 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 signatory 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 an attractive option to the
people of Southern Sudan.
PART TWO
BILL OF RIGHTS
Nature of the Bill of Rights
13. (1) The Bill of Rights is a covenant among the people of Southern Sudan and between them and their government 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 Southern Sudan.
(2) The rights and freedoms of the individual and groups enshrined in this Bill shall be respected, upheld and promoted by all organs and
agencies of the Government of Southern Sudan and by all persons.
(3) All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified by the Republic of the
Sudan shall be an integral part of this Bill.
(4) This Bill of Rights shall be upheld by the Southern Sudan Supreme Court and other competent courts and monitored by the Southern
Sudan Human Rights Commission.
(5) The rights and freedoms guaranteed by this Constitution supplement and complement the Bill of Rights in the Interim National
Constitution.
Sanctity of Rights and Freedoms
14. Subject to Article 199 (2) 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, Southern Sudan Supreme Court and other
competent courts; the Southern Sudan Human Rights Commission shall monitor its application in Southern Sudan in accordance with this
Constitution and the law.
Life and Human Dignity
15. Every person has the inherent right to life, dignity and the integrity of his or her person which shall be protected by law; no one shall
be arbitrarily deprived of his or her life.
Personal Liberty
16. Every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction
of his or her liberty except for specified reasons and in accordance with procedures prescribed by law.
Freedom from Slavery, Servitude and Forced Labour
17. (1) Slavery and slave trade in every form are 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 competent court of law.
Equality before the Law
18. All persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin,
colour, sex, language, religious creed, political opinion, birth, locality or social status.
Right to found a family
19. Every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their
respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry.
Rights of Women
20. (1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal pay for equal work and other related benefits with men.
(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government in Southern Sudan shall:
(a) promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per
cent as an affirmative action to redress imbalances created by history, customs and traditions;
(b) enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and
(c) provide maternity and child care and medical care for pregnant and lactating women.
(5) Women shall have the right to own property and share in the estate of their deceased husbands together with any surviving legal heirs
of the deceased.
Rights of the Child
21. (1) Every child has the right:
(a) to life, survival and development;
(b) to a name and nationality
(c) to know and be cared for by his or her parents or legal guardian;
(d) not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which
may be hazardous or harmful to his or her education, health or well-being;
(e) to be free from any form of discrimination;
(f) to be free from corporal punishment and cruel and inhuman treatment by any person including parents, school administrations and
other institutions;
(g) not to be subjected to negative and harmful cultural practices which affect his or her health, welfare and dignity; and
(h) to be protected from abduction and trafficking.
(2) In all actions concerning children undertaken by public and private welfare institutions, courts of law, administrative authorities or
legislative bodies, the primary consideration shall be the best interest of the child.
(3) All levels of government in Southern Sudan shall accord special protection to orphans and other vulnerable children; child adoption
shall be regulated by law.
(4) For the purposes of this Constitution, a child is any person under the age of eighteen years.
Freedom from Torture
22. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Fair Trial
23. (1) An accused is presumed to be innocent until his or her guilt is proved according to the law.
(2) Any person who is arrested shall be informed, at the time of arrest, of the reasons for his or her arrest and shall be promptly informed
of any charges against him or her.
(3) In all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by a competent court of law in
accordance with procedures prescribed by law.
(4) No person shall be charged with any act or omission which did not constitute an offence at the time of its commission.
(5) Every accused person shall be entitled to be tried in his or her presence in any criminal trial without undue delay; the law shall regulate
trial in absentia.
(6) Any accused person has the right to defend himself or herself in person or through a lawyer of his or her own choice and to have
legal aid assigned to him or her by the government where he or she is unable to defend himself or herself in serious offences.
Right to Litigation
24. The right to litigation shall be guaranteed for all persons; no person shall be denied the right to resort to courts of law to redress
grievances whether against government or against any individual or organization.
Restriction on Death Penalty
25. (1)No death penalty shall be imposed, save as punishment for extremely serious offences in accordance with the law.
(2) No death penalty shall be imposed on a person under the age of eighteen or a person who has attained the age of seventy.
(3) No death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation.
Privacy
26. The privacy of all persons shall be inviolable; no person shall be subjected to interference with his or her private life, family, home or
correspondence, save in accordance with the law.
Religious Rights
27. The following religious rights are guaranteed by this Constitution:
(a) the right to worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes;
(b) the right to establish and maintain appropriate faith-based; charitable or humanitarian institutions;
(c) the right to acquire, possess and own movable and immovable property and make, acquire and use the necessary articles and materials
related to the rites or customs of religion or belief;
(d) the right to write, issue and disseminate religious publications;
(e) the right to teach religion or beliefs in places suitable for these purposes;
(f) the right to solicit and receive voluntary financial and other contributions from individuals, private and public institutions;
(g) the right to train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of
any religion or belief;
(h) the right to observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs;
and
(i) The right to communicate with individuals and communities in matters of religion and beliefs in Southern Sudan and at national and
international levels.
Freedom of Expression and Media
28. (1) Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication,
and access to the press without prejudice to order, safety or public morals as determined by law.
(2) All levels of government in Southern Sudan 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.
Freedom of Assembly and Association
29. (1) The right to peaceful assembly is recognized and guaranteed; every person shall have the right to freedom of association with
others, including the right to form or join political parties, associations and trade or professional unions for the protection of his or her
interests.
(2) Formation and registration of 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 Southern Sudan or state level unless it has:-
(a) its membership open to any Sudanese irrespective of religion, gender, ethnic origin or place of birth;
(b) a programme that does not contradict the provisions of the Interim National Constitution and this Constitution;
(c) a democratically elected leadership and institutions; and
(d) disclosed and transparent sources of funding.
Right to Participation and Voting
30. (1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall
have the right to nominate himself or herself for a public post or office in accordance with this Constitution and the law.
(2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law.
Freedom of Movement and Residence
31. (1) Every citizen shall have the right to freedom of movement and the liberty to choose his or her residence in Southern
Sudan except for reasons of public health and safety as shall be regulated by law.
(2) Every citizen shall have the right to leave and or return to Southern Sudan.
Right to Own Property
32. (1) Every citizen shall have the right to acquire or own property as regulated by
law.
(2) No private property may be expropriated save by law in the public interest and in consideration for prompt and fair compensation. No
private property shall be confiscated save by an order of a court of law.
Right to Education
33. (1) Education is a right for every citizen and all levels of government in Southern Sudan shall provide access to education without
discrimination as to religion, race, ethnicity, HIV status, gender or disability.
(2) All levels of government in Southern Sudan shall promote education at all levels and shall ensure free and compulsory education at the
primary level; they shall also provide free illiteracy eradication programmes.
Rights of Persons with Special Needs and the Elderly
34. (1) All levels of government in Southern Sudan shall guarantee to persons with special needs participation in society and the enjoyment
of rights and freedoms set out in this Constitution, especially access to public utilities, suitable education and employment.
(2) The elderly and persons with special needs shall have the right to the respect of their dignity. They shall be provided with the
necessary care and medical services as shall be regulated by law.
Public Health Care
35. All levels of government in Southern Sudan shall promote public health, establish, rehabilitate and develop basic medical and diagnostic
institutions and provide free primary health care and emergency services for all citizens.
Right of Access to Information
36. Every citizen has the right of access to official information and records, including electronic records in the possession of any level of
government in Southern Sudan or any organs or agencies thereof, except where the release of such information is likely to prejudice
public security or the right to privacy of any other person.
Rights of Ethnic and Cultural Communities
37. 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 context of their respective cultures and customs in accordance with this Constitution and the law.
Arab colonization of northern Sudan brought Islam in the 650's. A treaty, or baqt, with the kingdom of
Makuria was signed between the Egyptians and held until the collapse of the Makuria Kingdom in the
14th century during which southern Sudan remained largely nomadic. In 1820 the Ottoman Empire
conquered the north renaming it Turkiyah, as Christian missionaries from present day Kenya traveled
north to Christianize the southern region known as the Sudd. Religious conflict from the east led to a
British expedition from Egypt in 1898 and the establishment of a British condominium in 1899, pushing
out Belgium and French claims by 1910. Self rule discussions began in 1943 that excluded much of the
southern provinces that, to many in the region, delegitimized recognition of the Sudan state. On 1 January
1956, Sudan achieved independence with the adoption of an interim constitution. A series of coups and
disagreements with the south delayed the establishment of a permanent constitution until 1968 which
established Sudan as an Islamic state, leading to a civil war between north and south that lasted until
1972. A series of bloodless coups ensued but peace remained until the reigniting of sectional hostilities in
1983. A new constitution was promulgated in 1998 and a brief peace ensued in 1989, but the government
was unable to cobble together an effective governing coalition and the civil war continued until a
permanent peace treaty was forged between the Christian South and the Muslim North in 2005 that
effectively allowed southern autonomy for six years and an option to consider secession after that time.
As the civil war was drawing to a conclusion, a new rebellion manifested in the western Darfur region in
2003 as non-Arab "black Africans" began a resistance to northern Arabs. Intense fighting has led to
charges of atrocities by both rebels and the government. Arab militia horsemen known as "Janjaweed"
have been cited with incidents of ethnic cleansing. Continuing conflicts with the rebels and cross border
disputes with Chad continue to destabilize the establishment of peace in Sudan. Two constitutions are in
effect for Sudan, one for the national government and one for the south, effective 2 July 2005. Human
rights are enumerated in each and are detailed below and conform with the terms and obligations as set
forth in the 1948 Universal Declaration of Human Rights, of which Sudan is a signatory. For a full
English translation of Sudan's National constitution, click here. For a full English translation of Southern
Sudan's constitution, click here.
Makuria was signed between the Egyptians and held until the collapse of the Makuria Kingdom in the
14th century during which southern Sudan remained largely nomadic. In 1820 the Ottoman Empire
conquered the north renaming it Turkiyah, as Christian missionaries from present day Kenya traveled
north to Christianize the southern region known as the Sudd. Religious conflict from the east led to a
British expedition from Egypt in 1898 and the establishment of a British condominium in 1899, pushing
out Belgium and French claims by 1910. Self rule discussions began in 1943 that excluded much of the
southern provinces that, to many in the region, delegitimized recognition of the Sudan state. On 1 January
1956, Sudan achieved independence with the adoption of an interim constitution. A series of coups and
disagreements with the south delayed the establishment of a permanent constitution until 1968 which
established Sudan as an Islamic state, leading to a civil war between north and south that lasted until
1972. A series of bloodless coups ensued but peace remained until the reigniting of sectional hostilities in
1983. A new constitution was promulgated in 1998 and a brief peace ensued in 1989, but the government
was unable to cobble together an effective governing coalition and the civil war continued until a
permanent peace treaty was forged between the Christian South and the Muslim North in 2005 that
effectively allowed southern autonomy for six years and an option to consider secession after that time.
As the civil war was drawing to a conclusion, a new rebellion manifested in the western Darfur region in
2003 as non-Arab "black Africans" began a resistance to northern Arabs. Intense fighting has led to
charges of atrocities by both rebels and the government. Arab militia horsemen known as "Janjaweed"
have been cited with incidents of ethnic cleansing. Continuing conflicts with the rebels and cross border
disputes with Chad continue to destabilize the establishment of peace in Sudan. Two constitutions are in
effect for Sudan, one for the national government and one for the south, effective 2 July 2005. Human
rights are enumerated in each and are detailed below and conform with the terms and obligations as set
forth in the 1948 Universal Declaration of Human Rights, of which Sudan is a signatory. For a full
English translation of Sudan's National constitution, click here. For a full English translation of Southern
Sudan's constitution, click here.