South sudans constitution of 2011 with amendments through 20. Citizens dialogues on the constitution conducted in the. Part 1 the state and the directive principles article 1 nature of the state the state of sudan is an embracing homeland, wherein races and cultures coalesce and religions conciliate. The four factors in south sudans decentralisation debate in different ways, four interlinked factors have a long history in debates on decentralisation and subdivision. Constitution because it was an amendment and adaptation of the 1953 selfgovernment statute so as to declare independence. This constitution was adapted on july 9, 2011 when the country became an independence entity. This constitution may be cited as the constitution of the sudan peoples liberation movement, 2008 and shall come into effect on the date of its signature by the chairperson. Following the overwhelming vote to secede from the sudan in july 2011, the interim constitution was replaced with the transitional constitution of south sudan tcss. The constitution of southern sudan was the 2005 interim constitution of southern sudan, as established by the government of sudan and the sudan peoples liberation armymovement within the framework of the comprehensive peace agreement ending the second sudanese civil war, signed into practice on 9 january 2005 the constitution establishes a presidential system of government headed by a. Perspectives on south sudans subdivision and federalism debate 7 1. The african union commission auc in accordance with the communique of the 547th meeting of the african union peace and security council psc of 29 september 2015, embarked on a consultative mission to juba from 20 to 22 july 2017 to engage with the transitional government of national unity on the implementation of chapter v 3 of the agreement on the. First anniversary of independence time to act for peace and.
Following the ousting of former president omar albashir in april 2019, sudan has embarked on a transition to civilian rule. Constitution of the syrian arab republic 2012 preamble arab civilization, which is part of human heritage, has faced through its long history great challenges aimed at breaking its will and subjecting it to colonial domination, but it has always rose through its own creative abilities to. The crisis in darfur and status of the northsouth peace agreement congressional research service summary sudan, geographically the largest country in africa, has been ravaged by civil war intermittently for four decades. A human rights report united nations mission in south sudan. Each of these factors, briefly presented here, represents.
Pdf text comparison of the interim constitution of southern sudan. Constitutional history of south sudan constitutionnet. The transitional constitution of the republic of the sudan 2005 from wikisource. Dec 22, 2011 23 1 it shall be the duty of every sudanese citizen to pledge allegiance to the republic of the sudan, abide by this constitution, respect the institutions created hereunder and safeguard the territorial integrity of the country.
For decades, sudan has grappled with a series of military coups, as well as conflicts in southern sudan, the east, darfur, and the states of south kordofan and blue nile. May 06, 2019 on july 9, 2011 south sudan officially became an independent state following a referendum held in january 2011 in line with the provisions of the cpa 2005contemporaneously with the accession to independence was the adoption, by south sudans legislative council, of a transitional constitution. Page 3 of 45constitution of the sudan peoples liberation movement may, 2008 splmparty. Serious concerns about the south sudan transitional constitution. May 21, 2014 south sudan s president salva kiir, who announced that elections would not be held until at least 2017.
Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Constitution making in sudan and south sudan united states. Independence of south sudan united states institute of peace. This first draft framework for south sudanese civil society visions on governance and interim constitutional development came into being out of these activities. This replaced the interim national constitution of the republic of sudan, 2005 inc adopted on 6 july 2005, which had been suspended on 11 april 2019 by lt. Broadcasting corporation bill, 2012 article 19 free word centre, 60 farringdon rd, london ec1r 3ga. Constitution of the sudan peoples liberation movement may, 2008. This guide to law online sudan contains a selection of sudanese legal, juridical, and governmental sources accessible through the internet. The transitional constitution of the republic of south sudan, 2011 arrangement of parts, chapters and articles article page preamble 1 part one south sudan and the constitution 1. The success of any transitional justice program will hinge on the ability of the tgonu and its international partners to create an enabling environment for the public. On july 9, 2011 south sudan officially became an independent state following a referendum held in january 2011 in line with the provisions of the cpa 2005contemporaneously with the accession to independence was the adoption, by south sudans legislative council, of. The comprehensive peace agreement installed an interim constitution for sudan and southern sudan. On march 25, the project on internal displacement and the africa growth initiative at brookings will host a discussion to explore the future of human rights protections in southern sudan. The sudan peoples liberation army spla split between forces loyal to the government and forces loyal to former vicepresident riek machar.
While cognizant of the fact that the southern sudan constitution should conform to the national. Aly verjee with little more than a month left before a new transitional government is set to assume power in south sudan, efforts to keep the latest peace agreement on track are becoming more urgent, even as most key pretransition deadlines have been missed and the political will of the belligerents. Sudan also experienced a few federal arrangements that are worth examining. We the people of the sudan grateful to almighty god who has bestowed upon us the wisdom and will to reach a. Fighting moved rapidly to various military installations and, by the next morning, into civilian neighbourhoods. Chol tong mayay of his duties was constitutional lawful or otherwise. South sudan law society and justice africa, organized and led citizens dialogues on the constitution in all ten states of south sudan. A second dispute centers on the right to residency of southern citizens living in the north. African union commission and the south sudan transitional. The transitional constitution of the republic of the sudan 2005 2005 full text of the constitution. Transitional constitution of south sudan, 2011 external link sudan tribune pdf.
In january 2010, south sudan exercised its right to selfdetermination and in june 2011, declared itself as africas youngest nation. For this draft to represent the letter and spirit of the conference. Serious concerns about the south sudan transitional. Splm party in its eight 8 years in power as a transitional government and elected government of independent south sudan. Transitional constitution of the republic of south sudan, 2011 wipo. The three outstanding issues the south kordofan and blue nile status during the civil war, residents of south kordofan. Interim period means the transitional period having the defined functions to this agreement, the end of which shall be the announcement of the referendum results. In fulfilling its full commitment for the implementation of agreement on the resolution of the conflict in the republic of south sudan mediated by the intergovernmental authority on development igad on 17 august 2015 in addis ababa and singed by the government of the republic of south sudan, sudan people. Politics and transition in the new south sudan crisis group africa report n172, 4 april 2011 page iii to the forthcoming transitional government of the republic of south sudan.
Citizens dialogues on the constitution conducted in the ten. The crisis in darfur and status of the north south peace agreement congressional research service summary sudan, geographically the largest country in africa, has been ravaged by civil war intermittently for four decades. The first permanent constitution of sudan was drafted in 1973. Interim constitution of southern sudan 160 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 twothirds majority of all members. In the past month, article 101 r of the transitional constitution of the republic of south sudan 2011 has been the issue of fundamental debate on whether the decree issued by the president of the republic relieving the lakes state governor now former governor eng. The draft transitional constitution of the republic of south sudan derives its legitimacy from the consensus of the southern sudanese arrived at in their conference held in october 2010 in juba. Transitional constitution of the republic of south sudan 2011, as. South sudans transitional constitution and the issue of. For this draft to represent the letter and spirit of the conference, the political parties must agree on the following issues.
Respondents emphasized confessions 45%, changed behaviour 42% and apologies 42%. The sudan government rejected the principle of dual citizenship, despite the constitution of sudan providing the ability for sudanese citizens to acquire the nationality of another country. Constitution of sudan passed by the national assembly on 28. The first constitution, that is, the transitional constitution of 1956, was just an.
Politics and transition in the new south sudan crisis group africa report n172, 4 april 2011 page ii shared national interests, shouldering national responsibilities and developing credible alternative platforms that target a national constituency. The transitional constitution of the republic of south sudan3 was ratified on 7 july 2011 by the south sudan legislative assembly and came into force on 9 july 2011 after being signed by the president salva kiir. The transitional constitution of the republic of south sudan, 2011 was drafted by a southern sudan constitutional drafting committee. Torit, eastern equatoria 5th 7th june 2012 yambio, western equatoria 26th 28th june 2012. Constitution making in sudan and south sudan united. The transitional constitution of the republic of the sudan 2005. The most and the last important argument made in the transitional constitution is that south sudan is a diverse country which has a long history of tribal conflicts, so it needs a governing system. The transitional constitution of the republic of the sudan. Jan 29, 2018 of southern sudan, 2005, which shall be adopted and hereafter referred to as the transitional constitution of the republic of south sudan, 2011, and shall be the supreme law by which the independent and sovereign south sudan shall be governed during the transitional period, and undertake to abide by, respect and defend it. South sudans president salva kiir, who announced that elections would not be held until at least 2017. The transitional constitution of sudan of 2005 and the constitutions of provinces is repealed, while the laws issued thereunder remain in force. Transitional government of national unity tgonu of the republic of south sudan. South sudans constitution of 2011 with amendments through. The constitution prohibits slavery, and torture, limits capital punishment, and establishes equal rights for men and women, and equality before the law.
Mar 10, 2016 following the overwhelming vote to secede from the sudan in july 2011, the interim constitution was replaced with the transitional constitution of south sudan tcss. Constitution of the syrian arab republic 2012 preamble arab civilization, which is part of human heritage, has faced through its long history great challenges aimed at breaking its will and subjecting it to colonial domination, but it has always rose through its own creative abilities to exercise its role in building human. Additionally, sudan is one of the first few states to experience secession by a referendum in the world. Continued national and international support for poli tical party development is essential. The doctrine of constitutionalism in the republic of south. Meltdown within the splmio camp and members of the tgnu. The report suggests that the civil society in south sudan can provide an interface between the transitional justice stakeholders and official transitional justice processes in south sudan.
The transitional constitution of the republic of south sudan. We the people of the sudan grateful to almighty god who has bestowed upon us the wisdom and will to reach a comprehensive peace agreement that has definitively put an end to the longest running conflict in africa. Constitution means the constitution of the sudan including such parts or articles of the agreement as shall be designated to be part thereof. It shall be the duty of every sudanese citizen to pledge allegiance to the republic of the sudan, abide by this constitution, respect the institutions created hereunder and safeguard the territorial integrity of the country. Transitional constitution of south sudan 2011, amended 2015 until the permanent. South sudans constitution of 2011 with amendments through 20 subsequently amended.
More than 2 million people have died in southern sudan over the past two. However, south sudan still has opportunities to advance the promotion of womens rights if, among other things, the ongoing civil war ends and the guidelines of its transitional constitution are. South sudan is currently reeling under a civil war which followed a split within the ruling south peoples liberation movement splm in 20. The transitional constitution of the republic of south. The text was a flip flop of the interim constitution of the government of southern sudan, when the country was still one. Text comparison of the interim constitution of southern sudan 2005 and the transitional constitution of the republic of south sudan 2011. Constitution of sudan passed by the national assembly on 28 march 1998 presented on 1 april 1998 to the people of the sudan for referendum. Constitution of sudan passed by the national assembly. A critical analysis of the evolution of constitutions in sudan. It was not greatly participatory, nor inclusive of all the different factions of sudan in the process of its formulation. First anniversary of independence time to act for peace. This guide to law online south sudan contains a selection of south sudanese legal, juridical, and governmental sources accessible through the internet.
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