Interim National Constitution of the Republic of Sudan 2005


Affirmative Action (Broadly)

(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. (Art. 15)

Affirmative Action (Broadly)

(2) The State shall promote woman rights through affirmative action.
… (Art. 32)

Affirmative Action (Broadly)

The National Civil Service, notably at the senior and middle levels, shall be representative of the people of the Sudan; to ensure this, the following principles and guidelines shall be recognized and observed:-

(c) no level of government shall discriminate against any qualified Sudanese citizen on the basis of religion, ethnicity, region or gender,

(e) application of affirmative action and job training to achieve targets for equitable representation within a specified time frame,
… (Art. 136)

Affirmative Action (Broadly)

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

21. Women's empowerment;
22. Gender policy;
… (Schedule (D) Concurrent Powers)

Citizenship and Nationality

(1) Citizenship shall be the basis for equal rights and duties for all Sudanese.
(2) Every person born to a Sudanese mother or father shall have an inalienable right 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 the nationality of another country as shall be regulated by law. (Art. 7)

Citizenship and Nationality

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

3. Nationality and Naturalization; (Schedule (A) National Powers)

Jurisdiction and Access

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

Death Penalty

(3) No death penalty shall be executed upon pregnant or lactating women, save after two years of lactation. (Art. 36)

Education

(1) (a) The State shall promote education at all levels all over the Sudan and shall ensure free and compulsory education at the primary level and in illiteracy eradication programmes.
(2) The State shall mobilize public, private and popular resources and capabilities for education and development of scientific research, especially Research and Development.
… (Art. 13)

Education

(1) Education is a right for every citizen and the State shall provide access to education without discrimination as to religion, race, ethnicity, gender or disability.
(2) Primary education is compulsory and the State shall provide it free. (Art. 44)

Education

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

22. Primary and secondary schools and education administration in regard thereto;
… (Schedule (C) Powers of States)

Education

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

3. Tertiary education, education policy and scientific research;
… (Schedule (D) Concurrent Powers)

Employment Rights and Protection

(1)The State shall develop policies and strategies to ensure social justice among all people of the Sudan, through ensuring means of livelihood and opportunities of employment. … (Art. 12)

Employment Rights and Protection

(1) The State shall guarantee equal right of men and women to the enjoyment of all civil, political, social, cultural and economic rights, including the right to equal pay for equal work and other related benefits.
… (Art. 32)

Employment Rights and Protection

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

16. Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state;
… (Schedule (C), Powers of States)

Equality and Non-Discrimination

… Committed to establish a decentralized democratic system of governance in which power shall be peacefully transferred and to uphold justice, equality, human dignity and equal rights and duties of men and women, … (Preamble)

Equality and Non-Discrimination

(2) The State is committed to the respect and promotion of human dignity; and is founded on justice, equality and the advancement of human rights and fundamental freedoms and assures multi-partism.
… (Art. 1)

Equality and Non-Discrimination

This Constitution is predicated upon and guided by the following principles:- (a) the unity of the Sudan is based on the free will of its people, the rule of law, decentralized democratic governance, accountability, equality, respect and justice,
… (Art. 4)

Equality and Non-Discrimination

(1) The Bill of Rights is a covenant among the Sudanese people and between them and their governments at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy in the Sudan.
… (Art. 27)

Equality and Non-Discrimination

All persons are equal before the law and are entitled without discrimination, as to race, colour, sex, language, religious creed, political opinion, or ethnic origin, to the equal protection of the law. (Art. 31)

Equality and Non-Discrimination

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

(b) establishment of a decentralized democratic system of governance taking into account the cultural, ethnic, racial, religious, and linguistic diversity and gender equality,
… (Art. 82)

Equality and Non-Discrimination

(1) … Any reference in it to the masculine denotes also reference to the feminine. … (Art. 223)

Obligations of the State

… Committed to establish a decentralized democratic system of governance in which power shall be peacefully transferred and to uphold justice, equality, human dignity and equal rights and duties of men and women, … (Preamble)

Obligations of the State

(2) The State is committed to the respect and promotion of human dignity; and is founded on justice, equality and the advancement of human rights and fundamental freedoms and assures multi-partism.
… (Art. 1)

Obligations of the State

The following principles shall guide the devolution and distribution of powers between all levels of government:- …
(c) acknowledgement of the role of the State in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms,
… (Art. 25)

Obligations of the State

(1) The Bill of Rights is a covenant among the Sudanese people and between them and their governments at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy in the Sudan.
(2) The State shall protect, promote, guarantee and implement this Bill.
(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) Legislation shall regulate the rights and freedoms enshrined in this Bill and shall not detract from or derogate any of these rights. (Art. 27)

Obligations of the State

Human rights and fundamental freedoms as specified in this Constitution, including respect for all religions, beliefs and customs, being of particular significance in the National Capital, which symbolizes national unity, shall be guaranteed and enforced in the National Capital. (Art. 154)

Judicial Protection

Subject to Article 211 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Constitutional Court and other competent courts; the Human Rights Commission shall monitor its application in the State pursuant to Article 142 herein. (Art. 48)

Judicial Protection

(1) The Constitutional Court shall be the custodian of this Constitution, the constitutions of southern Sudan and the states; its decisions shall be final and binding, it shall:-

(d) protect human rights and fundamental freedoms,
… (Art. 122)

National Human Rights Bodies

Subject to Article 211 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Constitutional Court and other competent courts; the Human Rights Commission shall monitor its application in the State pursuant to Article 142 herein. (Art. 48)

National Human Rights Bodies

(1) The President of the Republic shall, after consultation within the Presidency, establish an independent Human Rights Commission …
...
(3) The Human Rights Commission shall monitor the application of the rights and freedoms provided for in the Bill of Rights and shall receive complaints on violations thereof.
(4) The Human Rights Commission may express opinion or present advice to State organs on any issue related to human rights.
(5) The law shall specify the functions, powers, procedures, terms and conditions of service of the Commission. (Art. 142)

Indigenous Peoples

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

Limitations and/or Derogations

(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) Legislation shall regulate the rights and freedoms enshrined in this Bill and shall not detract from or derogate any of these rights. (Art. 27)

Limitations and/or Derogations

Subject to Article 211 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. … (Art. 48)

Limitations and/or Derogations

The President of the Republic, with the consent of the First Vice President, may during the state of emergency take, by virtue of law or exceptional order, any measures that shall not derogate from the provisions of this Constitution and the Comprehensive Peace Agreement except as may be provided herein:-
(a) to suspend part of the Bill of Rights. However, there shall be no infringement on the right to life, sanctity from slavery, sanctity from torture, the right of non-discrimination on the basis of race, sex, religious creed, the right in litigation or the right to fair trial,
(b) to dissolve or suspend any of the state organs or suspend such powers, as may be conferred upon the states under this Constitution. The President of the Republic with the consent of the First Vice President shall assume the functions of such organs and exercise the powers or prescribe the manner in which the affairs of the state concerned may be managed,
(c) to take any such measures as deemed necessary to the state of emergency, which shall have the force of law. (Art. 211)

Marriage and Family Life

(1) The family is the natural and fundamental unit of the society and is entitled to the protection of the law; the right of man and woman 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 its parties.
(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. (Art. 15)

Marriage and Family Life

(4) The State shall provide maternity and child care and medical care for pregnant women.
… (Art. 32)

Marriage and Family Life

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

Marriage and Family Life

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

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

26. Population policy and family planning;
… (Schedule (C), Powers of States)

Marriage and Family Life

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

26. Mother, Child protection and care;
… (Schedule (D) Concurrent Powers)

Participation in Public Life and Institutions

(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. (Art. 15)

Participation in Public Life and Institutions

The National Civil Service, notably at the senior and middle levels, shall be representative of the people of the Sudan; to ensure this, the following principles and guidelines shall be recognized and observed:-

(c) no level of government shall discriminate against any qualified Sudanese citizen on the basis of religion, ethnicity, region or gender,

(e) application of affirmative action and job training to achieve targets for equitable representation within a specified time frame,
… (Art. 136)

Political Rights and Association

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

(d) the authority and powers of government emanate from the sovereign will of the people exercised by them through referenda and in free, direct and periodic elections conducted through universal adult suffrage, using secret ballot. (Art. 4)

Political Rights and Association

(1) The State shall guarantee equal right of men and women to the enjoyment of all civil, political, social, cultural and economic rights, … (Art. 32)

Political Rights and Association

(1) The right to peaceful assembly shall be 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 interests.
… (Art. 40)

Political Rights and Association

(1) Every citizen shall have the right to take part in the conduct of public affairs, through voting as shall be regulated by law.
(2) Every citizen who has attained the age specified by this Constitution or the law, shall have the right to elect and be elected in periodic elections, through universal adult suffrage in secret ballot, which shall guarantee the free expression of the will of the electorate. (Art. 41)

Political Parties

(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 national, Southern Sudan or state level unless it has:-
(a) its membership open to any Sudanese irrespective of religion, ethnic origin or place of birth,
(b) a programme that does not contradict the provisions of this Constitution,
(c) democratically elected leadership and institutions,
(d) disclosed and transparent sources of funding. (Art. 40)

Electoral Bodies

(2) The National Elections Commission shall be the only body to assume the following functions:-
(a) prepare the general electoral roll and pursue its annual revision,
(b) organize and supervise, in accordance with the law, the elections for the President of the Republic, the President of Government of Southern Sudan, Governors, the National Legislature, Southern Sudan Assembly and state legislatures in accordance with the law,
(c) organize and supervise any referendum in accordance with this Constitution without prejudice to Articles 183 (3) and 220 (2) herein,
(d) perform any other relevant electoral functions as may be prescribed by law.
(3) The National Elections Law shall specify general rules and procedures to govern elections as well as functions and terms and conditions of service of the National Elections Commission. (Art. 141)

Head of State

There shall be a President for the Republic of the Sudan to be directly elected by the people in national elections according to the law and the regulations set by the National Elections Commission. (Art. 52)

Head of State

A candidate for the office of the President of the Republic shall:-
(a) be a Sudanese by birth,
(b) be of sound mind,
(c) be at least forty years of age,
(d) be literate,
(e) not have been convicted of an offence involving honesty or moral turpitude. (Art. 53)

Head of State

(1) The President of the Republic is the Head of the State and Government and represents the will of the people and the authority of the State; … (Art. 58)

Vice-President

(1) The Presidency of the Republic shall consist of the President of the Republic and two Vice Presidents.
… (Art. 51)

Vice-President

A candidate for the office of the President of the Republic shall:-
(a) be a Sudanese by birth,
(b) be of sound mind,
(c) be at least forty years of age,
(d) be literate,
(e) not have been convicted of an offence involving honesty or moral turpitude. (Art. 53)

Vice-President

(1) The elected President of the Republic shall appoint two Vice President[s], one from Southern Sudan and the other from Northern Sudan. If the elected President is from the North, the position of the First Vice President shall be filled by the person who has been elected to the post of President of Government of Southern Sudan, as the President's appointee to the said position. In the event that a person from the South wins the Presidential elections, the elected President shall appoint the First Vice President from the North upon the recommendation of the party that won the highest number of northern seats in the National Assembly.
(2) The two Vice Presidents shall satisfy the same conditions required for the office of the President of the Republic.
… (Art. 62)

Government

(1) The President of the Republic shall, after consultation within the Presidency, appoint the National Council of Ministers.
(2) The President of the Republic and the two Vice Presidents shall be members of the National Council of Ministers.

(4) The National Council of Ministers shall be the national executive authority in the State in accordance with the provisions of this Constitution and the law; its decisions shall be adopted by consensus or by simple majority.
(5) There shall be national State ministers appointed by the President of the Republic, after consultation within the Presidency; they shall assist the national ministers and may act in their absence.
… (Art. 70)

Legislature

(1) There shall be established a National Legislature composed of the following two chambers:-
(a) The National Assembly and
(b) The Council of States.
… (Art. 83)

Legislature

(1) The National Assembly shall be composed of members elected in free and fair elections.
… (Art. 84)

Legislature

(1) The Council of States shall be composed of two representatives from each state, elected by the state legislature in accordance with the National Elections Law and regulations set forth by the National Elections Commission.
(2) Abyei Area shall have two observers at the Council of States, elected by Abyei Area Council. (Art. 85)

Legislature

(1) The candidate for membership of either Chamber of the National Legislature shall:-
(a) be a Sudanese,
(b) be at least twenty-one years of age,
(c) be of sound mind,
(d) be literate,
(e) not have been convicted during the previous seven years of an offence involving honesty or moral turpitude.
… (Art. 86)

Legislature

(1) Pending elections, the National Assembly shall be composed of four hundred and fifty members who shall be appointed by the President of the Republic in consultation with the First Vice President, according to the seventy percent and thirty percent north/south ratio, as follows:-
(a) The National Congress Party shall be represented by fifty two percent (forty nine percent for Northerners and three percent for Southerners),
(b) Sudan People's Liberation Movement shall be represented by twenty eight percent (twenty one percent for Southerners and seven percent for Northerners),
(c) Other Northern political forces shall be represented by fourteen percent,
(d) Other Southern political forces shall be represented by six percent.
… (Art. 117)

Property, Inheritance and Land Tenure

(1) Every citizen shall have the right to acquire or own property as regulated by law.
… (Art. 43)

Property, Inheritance and Land Tenure

(1) The regulation of land tenure, usage and exercise of rights thereon shall be a concurrent competence, exercised at the appropriate level of government.
(2) Rights in land owned by the Government of the Sudan shall be exercised through the appropriate or designated level of Government.
(3) All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary laws, practices, local heritage and international trends and practices. (Art. 186)

Property, Inheritance and Land Tenure

(1) Without prejudice to the jurisdiction of the courts, there shall be established a National Land Commission that shall have the following functions:-

(d) accept references on request from the relevant government or in the process of resolving claims, make recommendations to the appropriate level of government concerning land reform policies and recognition of customary rights or customary land law,
...
(f) advise different levels of government on how to coordinate policies on national projects affecting land or land rights,
… (Art. 187)

Property, Inheritance and Land Tenure

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

18. Registration of marriage, divorce, inheritance, births, deaths, adoption and affiliations;
… (Schedule (C) Concurrent Powers)

Property, Inheritance and Land Tenure

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

32. Regulation of land tenure, usage and exercise of rights in land.
… (Schedule (D) Concurrent Powers)

Protection from Violence

(1) The State shall adopt policies and provide facilities for child and youth welfare and ensure that they develop morally and physically, and protect them from moral and physical abuse and abandonment.
… (Art. 14)

Protection from Violence

(2) In particular every citizen shall:

(b) abhor violence, promote harmony, fraternity and tolerance among all people of the Sudan in order to transcend religious, regional, linguistic, and sectarian divisions,
… (Art. 23)

Protection from Violence

Every human being has the inherent right to life, dignity and the integrity of his/her person, which shall be protected by law; … (Art. 28)

Protection from Violence

Every person has the right to liberty and security of person; … (Art. 29)

Protection from Violence

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

Protection from Violence

No person shall be subjected to torture or to cruel, inhuman or degrading treatment. (Art. 33)

Protection from Violence

(3) All media shall abide by professional ethics, shall refrain from inciting religious, ethnic, racial or cultural hatred and shall not agitate for violence or war. (Art. 39)

Public Institutions and Services

(1) The overarching aims of economic development shall be eradication of poverty, attainment of the Millennium Development Goals, guaranteeing the equitable distribution of wealth, redressing imbalances of income and achieving a decent standard of life for all citizens.
… (Art. 10)

Public Institutions and Services

(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. (Art. 15)

Public Institutions and Services

The State shall promote public health and guarantee equal access and free primary health care to all citizens. (Art. 19)

Public Institutions and Services

(4) The State shall provide maternity and child care and medical care for pregnant women.
… (Art. 32)

Public Institutions and Services

(1) Resources and common wealth of the Sudan shall be shared equitably to enable each level of government to discharge I ts legal and constitutional responsibilities and duties and to ensure that the quality of life, dignity and living conditions of all citizens are promoted without discrimination on grounds of gender, race, religion, political affiliation, ethnicity, language or region.
… (Art. 185)

Sexual and Reproductive Rights

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

26. Population policy and family planning;
… (Schedule (C), Powers of States)

Status of the Constitution

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

Status of the Constitution

The Interim National Constitution shall be the supreme law of the land. The Interim Constitution of Southern Sudan, state constitutions and all laws shall comply with it. (Art. 3)

Status of the Constitution

(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.
… (Art. 23)

Status of International Law

(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.
… (Art. 27)

Religious Law

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

(b) religions, beliefs, traditions and customs are the source of moral strength and inspiration for the Sudanese people,
… (Art. 4)

Religious Law

(1) Nationally enacted legislation having effect only in respect of the Northern states of the Sudan shall have as its sources of legislation Islamic Sharia and the consensus of the people.
(2) Nationally enacted legislation applicable to Southern Sudan 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 Sudan’s diversity.
(3) Where national legislation is currently in operation or is to be enacted and its source is religion or custom, then a state, and subject to Article 26 (1) (a) herein in the case of Southern Sudan, the majority of whose residents do not practice such religion or customs may:-
(a) either introduce legislation so as to allow practices or establish institutions, in that state consistent with their religion or customs, or
(b) refer the law to the Council of States to be approved by a two-thirds majority of all the representatives or initiate national legislation which will provide for such necessary alternative institutions as may be appropriate. (Art. 5)

Religious Law

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

(d) the judicial discretion of courts to impose penalties on non- Muslims shall observe the long-established Sharia principle that non-Muslims are not subject to prescribed penalties and therefore remitted penalties shall apply according to law, … (Art. 156)

Religious Law

(1) The Presidency shall establish in the National Capital a special commission for the rights of Non-Muslims which shall have the following functions:-
(a) to ensure that the rights of Non-Muslims are protected in accordance with the general principles provided for under Articles 1542 and 1563 of this Constitution,
(b) ensure that Non-Muslims are not adversely affected by the application of the Sharia law in the National Capital.
(2) The special commission shall submit its observations and recommendations to the Presidency. (Art. 157)

Customary Law

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

(b) religions, beliefs, traditions and customs are the source of moral strength and inspiration for the Sudanese people,
… (Art. 4)

Customary Law

(1) Nationally enacted legislation having effect only in respect of the Northern states of the Sudan shall have as its sources of legislation Islamic Sharia and the consensus of the people.
(2) Nationally enacted legislation applicable to Southern Sudan 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 Sudan’s diversity.
(3) Where national legislation is currently in operation or is to be enacted and its source is religion or custom, then a state, and subject to Article 26 (1) (a) herein in the case of Southern Sudan, the majority of whose residents do not practice such religion or customs may:-
(a) either introduce legislation so as to allow practices or establish institutions, in that state consistent with their religion or customs, or
(b) refer the law to the Council of States to be approved by a two-thirds majority of all the representatives or initiate national legislation which will provide for such necessary alternative institutions as may be appropriate. (Art. 5)

Customary Law

(3) The State shall combat harmful customs and traditions which undermine the dignity and the status of women.
… (Art. 32)

Customary Law

Human rights and fundamental freedoms as specified in this Constitution, including respect for all religions, beliefs and customs, being of particular significance in the National Capital, which symbolizes national unity, shall be guaranteed and enforced in the National Capital. (Art. 154)

Customary Law

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

(b) behaviour based on cultural practices and traditions, which does not disturb public order, is not disdainful of other traditions and not in violation of the law, shall be deemed in the eyes of the law as an exercise of personal freedoms,
… (Art. 156)

Customary Law

(3) All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary laws, practices, local heritage and international trends and practices. (Art. 186)

Customary Law

(1) Without prejudice to the jurisdiction of the courts, there shall be established a National Land Commission that shall have the following functions:-

(d) accept references on request from the relevant government or in the process of resolving claims, make recommendations to the appropriate level of government concerning land reform policies and recognition of customary rights or customary land law,
… (Art. 187)

Customary Law

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

34. Traditional and customary law;
… (Schedule (C) Powers of States)

Women’s Rights

(1) The State shall guarantee equal right of men and women to the enjoyment of all civil, political, social, cultural and economic rights, including the right to equal pay for equal work and other related benefits.
(2) The State shall promote woman rights through affirmative action.
(3) The State shall combat harmful customs and traditions which undermine the dignity and the status of women.
(4) The State shall provide maternity and child care and medical care for pregnant women.
… (Art. 32)

Affirmative Action (Broadly)

English

(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. (Art. 15)

Affirmative Action (Broadly)

English

(2) The State shall promote woman rights through affirmative action.
… (Art. 32)

Affirmative Action (Broadly)

English

The National Civil Service, notably at the senior and middle levels, shall be representative of the people of the Sudan; to ensure this, the following principles and guidelines shall be recognized and observed:-

(c) no level of government shall discriminate against any qualified Sudanese citizen on the basis of religion, ethnicity, region or gender,

(e) application of affirmative action and job training to achieve targets for equitable representation within a specified time frame,
… (Art. 136)

Affirmative Action (Broadly)

English

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

21. Women's empowerment;
22. Gender policy;
… (Schedule (D) Concurrent Powers)

Citizenship and Nationality

English

(1) Citizenship shall be the basis for equal rights and duties for all Sudanese.
(2) Every person born to a Sudanese mother or father shall have an inalienable right 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 the nationality of another country as shall be regulated by law. (Art. 7)

Citizenship and Nationality

English

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

3. Nationality and Naturalization; (Schedule (A) National Powers)

Jurisdiction and Access

English

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

Death Penalty

English

(3) No death penalty shall be executed upon pregnant or lactating women, save after two years of lactation. (Art. 36)

Education

English

(1) (a) The State shall promote education at all levels all over the Sudan and shall ensure free and compulsory education at the primary level and in illiteracy eradication programmes.
(2) The State shall mobilize public, private and popular resources and capabilities for education and development of scientific research, especially Research and Development.
… (Art. 13)

Education

English

(1) Education is a right for every citizen and the State shall provide access to education without discrimination as to religion, race, ethnicity, gender or disability.
(2) Primary education is compulsory and the State shall provide it free. (Art. 44)

Education

English

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

22. Primary and secondary schools and education administration in regard thereto;
… (Schedule (C) Powers of States)

Education

English

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

3. Tertiary education, education policy and scientific research;
… (Schedule (D) Concurrent Powers)

Employment Rights and Protection

English

(1)The State shall develop policies and strategies to ensure social justice among all people of the Sudan, through ensuring means of livelihood and opportunities of employment. … (Art. 12)

Employment Rights and Protection

English

(1) The State shall guarantee equal right of men and women to the enjoyment of all civil, political, social, cultural and economic rights, including the right to equal pay for equal work and other related benefits.
… (Art. 32)

Employment Rights and Protection

English

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

16. Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state;
… (Schedule (C), Powers of States)

Equality and Non-Discrimination

English

… Committed to establish a decentralized democratic system of governance in which power shall be peacefully transferred and to uphold justice, equality, human dignity and equal rights and duties of men and women, … (Preamble)

Equality and Non-Discrimination

English

(2) The State is committed to the respect and promotion of human dignity; and is founded on justice, equality and the advancement of human rights and fundamental freedoms and assures multi-partism.
… (Art. 1)

Equality and Non-Discrimination

English

This Constitution is predicated upon and guided by the following principles:- (a) the unity of the Sudan is based on the free will of its people, the rule of law, decentralized democratic governance, accountability, equality, respect and justice,
… (Art. 4)

Equality and Non-Discrimination

English

(1) The Bill of Rights is a covenant among the Sudanese people and between them and their governments at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy in the Sudan.
… (Art. 27)

Equality and Non-Discrimination

English

All persons are equal before the law and are entitled without discrimination, as to race, colour, sex, language, religious creed, political opinion, or ethnic origin, to the equal protection of the law. (Art. 31)

Equality and Non-Discrimination

English

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

(b) establishment of a decentralized democratic system of governance taking into account the cultural, ethnic, racial, religious, and linguistic diversity and gender equality,
… (Art. 82)

Equality and Non-Discrimination

English

(1) … Any reference in it to the masculine denotes also reference to the feminine. … (Art. 223)

Obligations of the State

English

… Committed to establish a decentralized democratic system of governance in which power shall be peacefully transferred and to uphold justice, equality, human dignity and equal rights and duties of men and women, … (Preamble)

Obligations of the State

English

(2) The State is committed to the respect and promotion of human dignity; and is founded on justice, equality and the advancement of human rights and fundamental freedoms and assures multi-partism.
… (Art. 1)

Obligations of the State

English

The following principles shall guide the devolution and distribution of powers between all levels of government:- …
(c) acknowledgement of the role of the State in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms,
… (Art. 25)

Obligations of the State

English

(1) The Bill of Rights is a covenant among the Sudanese people and between them and their governments at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice, equality and democracy in the Sudan.
(2) The State shall protect, promote, guarantee and implement this Bill.
(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) Legislation shall regulate the rights and freedoms enshrined in this Bill and shall not detract from or derogate any of these rights. (Art. 27)

Obligations of the State

English

Human rights and fundamental freedoms as specified in this Constitution, including respect for all religions, beliefs and customs, being of particular significance in the National Capital, which symbolizes national unity, shall be guaranteed and enforced in the National Capital. (Art. 154)

Judicial Protection

English

Subject to Article 211 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Constitutional Court and other competent courts; the Human Rights Commission shall monitor its application in the State pursuant to Article 142 herein. (Art. 48)

Judicial Protection

English

(1) The Constitutional Court shall be the custodian of this Constitution, the constitutions of southern Sudan and the states; its decisions shall be final and binding, it shall:-

(d) protect human rights and fundamental freedoms,
… (Art. 122)

National Human Rights Bodies

English

Subject to Article 211 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. The Bill of Rights shall be upheld, protected and applied by the Constitutional Court and other competent courts; the Human Rights Commission shall monitor its application in the State pursuant to Article 142 herein. (Art. 48)

National Human Rights Bodies

English

(1) The President of the Republic shall, after consultation within the Presidency, establish an independent Human Rights Commission …
...
(3) The Human Rights Commission shall monitor the application of the rights and freedoms provided for in the Bill of Rights and shall receive complaints on violations thereof.
(4) The Human Rights Commission may express opinion or present advice to State organs on any issue related to human rights.
(5) The law shall specify the functions, powers, procedures, terms and conditions of service of the Commission. (Art. 142)

Indigenous Peoples

English

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

Limitations and/or Derogations

English

(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) Legislation shall regulate the rights and freedoms enshrined in this Bill and shall not detract from or derogate any of these rights. (Art. 27)

Limitations and/or Derogations

English

Subject to Article 211 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made. … (Art. 48)

Limitations and/or Derogations

English

The President of the Republic, with the consent of the First Vice President, may during the state of emergency take, by virtue of law or exceptional order, any measures that shall not derogate from the provisions of this Constitution and the Comprehensive Peace Agreement except as may be provided herein:-
(a) to suspend part of the Bill of Rights. However, there shall be no infringement on the right to life, sanctity from slavery, sanctity from torture, the right of non-discrimination on the basis of race, sex, religious creed, the right in litigation or the right to fair trial,
(b) to dissolve or suspend any of the state organs or suspend such powers, as may be conferred upon the states under this Constitution. The President of the Republic with the consent of the First Vice President shall assume the functions of such organs and exercise the powers or prescribe the manner in which the affairs of the state concerned may be managed,
(c) to take any such measures as deemed necessary to the state of emergency, which shall have the force of law. (Art. 211)

Marriage and Family Life

English

(1) The family is the natural and fundamental unit of the society and is entitled to the protection of the law; the right of man and woman 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 its parties.
(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. (Art. 15)

Marriage and Family Life

English

(4) The State shall provide maternity and child care and medical care for pregnant women.
… (Art. 32)

Marriage and Family Life

English

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

Marriage and Family Life

English

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

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

26. Population policy and family planning;
… (Schedule (C), Powers of States)

Marriage and Family Life

English

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

26. Mother, Child protection and care;
… (Schedule (D) Concurrent Powers)

Participation in Public Life and Institutions

English

(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. (Art. 15)

Participation in Public Life and Institutions

English

The National Civil Service, notably at the senior and middle levels, shall be representative of the people of the Sudan; to ensure this, the following principles and guidelines shall be recognized and observed:-

(c) no level of government shall discriminate against any qualified Sudanese citizen on the basis of religion, ethnicity, region or gender,

(e) application of affirmative action and job training to achieve targets for equitable representation within a specified time frame,
… (Art. 136)

Political Rights and Association

English

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

(d) the authority and powers of government emanate from the sovereign will of the people exercised by them through referenda and in free, direct and periodic elections conducted through universal adult suffrage, using secret ballot. (Art. 4)

Political Rights and Association

English

(1) The State shall guarantee equal right of men and women to the enjoyment of all civil, political, social, cultural and economic rights, … (Art. 32)

Political Rights and Association

English

(1) The right to peaceful assembly shall be 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 interests.
… (Art. 40)

Political Rights and Association

English

(1) Every citizen shall have the right to take part in the conduct of public affairs, through voting as shall be regulated by law.
(2) Every citizen who has attained the age specified by this Constitution or the law, shall have the right to elect and be elected in periodic elections, through universal adult suffrage in secret ballot, which shall guarantee the free expression of the will of the electorate. (Art. 41)

Political Parties

English

(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 national, Southern Sudan or state level unless it has:-
(a) its membership open to any Sudanese irrespective of religion, ethnic origin or place of birth,
(b) a programme that does not contradict the provisions of this Constitution,
(c) democratically elected leadership and institutions,
(d) disclosed and transparent sources of funding. (Art. 40)

Electoral Bodies

English

(2) The National Elections Commission shall be the only body to assume the following functions:-
(a) prepare the general electoral roll and pursue its annual revision,
(b) organize and supervise, in accordance with the law, the elections for the President of the Republic, the President of Government of Southern Sudan, Governors, the National Legislature, Southern Sudan Assembly and state legislatures in accordance with the law,
(c) organize and supervise any referendum in accordance with this Constitution without prejudice to Articles 183 (3) and 220 (2) herein,
(d) perform any other relevant electoral functions as may be prescribed by law.
(3) The National Elections Law shall specify general rules and procedures to govern elections as well as functions and terms and conditions of service of the National Elections Commission. (Art. 141)

Head of State

English

There shall be a President for the Republic of the Sudan to be directly elected by the people in national elections according to the law and the regulations set by the National Elections Commission. (Art. 52)

Head of State

English

A candidate for the office of the President of the Republic shall:-
(a) be a Sudanese by birth,
(b) be of sound mind,
(c) be at least forty years of age,
(d) be literate,
(e) not have been convicted of an offence involving honesty or moral turpitude. (Art. 53)

Head of State

English

(1) The President of the Republic is the Head of the State and Government and represents the will of the people and the authority of the State; … (Art. 58)

Vice-President

English

(1) The Presidency of the Republic shall consist of the President of the Republic and two Vice Presidents.
… (Art. 51)

Vice-President

English

A candidate for the office of the President of the Republic shall:-
(a) be a Sudanese by birth,
(b) be of sound mind,
(c) be at least forty years of age,
(d) be literate,
(e) not have been convicted of an offence involving honesty or moral turpitude. (Art. 53)

Vice-President

English

(1) The elected President of the Republic shall appoint two Vice President[s], one from Southern Sudan and the other from Northern Sudan. If the elected President is from the North, the position of the First Vice President shall be filled by the person who has been elected to the post of President of Government of Southern Sudan, as the President's appointee to the said position. In the event that a person from the South wins the Presidential elections, the elected President shall appoint the First Vice President from the North upon the recommendation of the party that won the highest number of northern seats in the National Assembly.
(2) The two Vice Presidents shall satisfy the same conditions required for the office of the President of the Republic.
… (Art. 62)

Government

English

(1) The President of the Republic shall, after consultation within the Presidency, appoint the National Council of Ministers.
(2) The President of the Republic and the two Vice Presidents shall be members of the National Council of Ministers.

(4) The National Council of Ministers shall be the national executive authority in the State in accordance with the provisions of this Constitution and the law; its decisions shall be adopted by consensus or by simple majority.
(5) There shall be national State ministers appointed by the President of the Republic, after consultation within the Presidency; they shall assist the national ministers and may act in their absence.
… (Art. 70)

Legislature

English

(1) There shall be established a National Legislature composed of the following two chambers:-
(a) The National Assembly and
(b) The Council of States.
… (Art. 83)

Legislature

English

(1) The National Assembly shall be composed of members elected in free and fair elections.
… (Art. 84)

Legislature

English

(1) The Council of States shall be composed of two representatives from each state, elected by the state legislature in accordance with the National Elections Law and regulations set forth by the National Elections Commission.
(2) Abyei Area shall have two observers at the Council of States, elected by Abyei Area Council. (Art. 85)

Legislature

English

(1) The candidate for membership of either Chamber of the National Legislature shall:-
(a) be a Sudanese,
(b) be at least twenty-one years of age,
(c) be of sound mind,
(d) be literate,
(e) not have been convicted during the previous seven years of an offence involving honesty or moral turpitude.
… (Art. 86)

Legislature

English

(1) Pending elections, the National Assembly shall be composed of four hundred and fifty members who shall be appointed by the President of the Republic in consultation with the First Vice President, according to the seventy percent and thirty percent north/south ratio, as follows:-
(a) The National Congress Party shall be represented by fifty two percent (forty nine percent for Northerners and three percent for Southerners),
(b) Sudan People's Liberation Movement shall be represented by twenty eight percent (twenty one percent for Southerners and seven percent for Northerners),
(c) Other Northern political forces shall be represented by fourteen percent,
(d) Other Southern political forces shall be represented by six percent.
… (Art. 117)

Property, Inheritance and Land Tenure

English

(1) Every citizen shall have the right to acquire or own property as regulated by law.
… (Art. 43)

Property, Inheritance and Land Tenure

English

(1) The regulation of land tenure, usage and exercise of rights thereon shall be a concurrent competence, exercised at the appropriate level of government.
(2) Rights in land owned by the Government of the Sudan shall be exercised through the appropriate or designated level of Government.
(3) All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary laws, practices, local heritage and international trends and practices. (Art. 186)

Property, Inheritance and Land Tenure

English

(1) Without prejudice to the jurisdiction of the courts, there shall be established a National Land Commission that shall have the following functions:-

(d) accept references on request from the relevant government or in the process of resolving claims, make recommendations to the appropriate level of government concerning land reform policies and recognition of customary rights or customary land law,
...
(f) advise different levels of government on how to coordinate policies on national projects affecting land or land rights,
… (Art. 187)

Property, Inheritance and Land Tenure

English

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

18. Registration of marriage, divorce, inheritance, births, deaths, adoption and affiliations;
… (Schedule (C) Concurrent Powers)

Property, Inheritance and Land Tenure

English

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

32. Regulation of land tenure, usage and exercise of rights in land.
… (Schedule (D) Concurrent Powers)

Protection from Violence

English

(1) The State shall adopt policies and provide facilities for child and youth welfare and ensure that they develop morally and physically, and protect them from moral and physical abuse and abandonment.
… (Art. 14)

Protection from Violence

English

(2) In particular every citizen shall:

(b) abhor violence, promote harmony, fraternity and tolerance among all people of the Sudan in order to transcend religious, regional, linguistic, and sectarian divisions,
… (Art. 23)

Protection from Violence

English

Every human being has the inherent right to life, dignity and the integrity of his/her person, which shall be protected by law; … (Art. 28)

Protection from Violence

English

Every person has the right to liberty and security of person; … (Art. 29)

Protection from Violence

English

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

Protection from Violence

English

No person shall be subjected to torture or to cruel, inhuman or degrading treatment. (Art. 33)

Protection from Violence

English

(3) All media shall abide by professional ethics, shall refrain from inciting religious, ethnic, racial or cultural hatred and shall not agitate for violence or war. (Art. 39)

Public Institutions and Services

English

(1) The overarching aims of economic development shall be eradication of poverty, attainment of the Millennium Development Goals, guaranteeing the equitable distribution of wealth, redressing imbalances of income and achieving a decent standard of life for all citizens.
… (Art. 10)

Public Institutions and Services

English

(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. (Art. 15)

Public Institutions and Services

English

The State shall promote public health and guarantee equal access and free primary health care to all citizens. (Art. 19)

Public Institutions and Services

English

(4) The State shall provide maternity and child care and medical care for pregnant women.
… (Art. 32)

Public Institutions and Services

English

(1) Resources and common wealth of the Sudan shall be shared equitably to enable each level of government to discharge I ts legal and constitutional responsibilities and duties and to ensure that the quality of life, dignity and living conditions of all citizens are promoted without discrimination on grounds of gender, race, religion, political affiliation, ethnicity, language or region.
… (Art. 185)

Sexual and Reproductive Rights

English

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

26. Population policy and family planning;
… (Schedule (C), Powers of States)

Status of the Constitution

English

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

Status of the Constitution

English

The Interim National Constitution shall be the supreme law of the land. The Interim Constitution of Southern Sudan, state constitutions and all laws shall comply with it. (Art. 3)

Status of the Constitution

English

(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.
… (Art. 23)

Status of International Law

English

(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.
… (Art. 27)

Religious Law

English

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

(b) religions, beliefs, traditions and customs are the source of moral strength and inspiration for the Sudanese people,
… (Art. 4)

Religious Law

English

(1) Nationally enacted legislation having effect only in respect of the Northern states of the Sudan shall have as its sources of legislation Islamic Sharia and the consensus of the people.
(2) Nationally enacted legislation applicable to Southern Sudan 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 Sudan’s diversity.
(3) Where national legislation is currently in operation or is to be enacted and its source is religion or custom, then a state, and subject to Article 26 (1) (a) herein in the case of Southern Sudan, the majority of whose residents do not practice such religion or customs may:-
(a) either introduce legislation so as to allow practices or establish institutions, in that state consistent with their religion or customs, or
(b) refer the law to the Council of States to be approved by a two-thirds majority of all the representatives or initiate national legislation which will provide for such necessary alternative institutions as may be appropriate. (Art. 5)

Religious Law

English

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

(d) the judicial discretion of courts to impose penalties on non- Muslims shall observe the long-established Sharia principle that non-Muslims are not subject to prescribed penalties and therefore remitted penalties shall apply according to law, … (Art. 156)

Religious Law

English

(1) The Presidency shall establish in the National Capital a special commission for the rights of Non-Muslims which shall have the following functions:-
(a) to ensure that the rights of Non-Muslims are protected in accordance with the general principles provided for under Articles 1542 and 1563 of this Constitution,
(b) ensure that Non-Muslims are not adversely affected by the application of the Sharia law in the National Capital.
(2) The special commission shall submit its observations and recommendations to the Presidency. (Art. 157)

Customary Law

English

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

(b) religions, beliefs, traditions and customs are the source of moral strength and inspiration for the Sudanese people,
… (Art. 4)

Customary Law

English

(1) Nationally enacted legislation having effect only in respect of the Northern states of the Sudan shall have as its sources of legislation Islamic Sharia and the consensus of the people.
(2) Nationally enacted legislation applicable to Southern Sudan 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 Sudan’s diversity.
(3) Where national legislation is currently in operation or is to be enacted and its source is religion or custom, then a state, and subject to Article 26 (1) (a) herein in the case of Southern Sudan, the majority of whose residents do not practice such religion or customs may:-
(a) either introduce legislation so as to allow practices or establish institutions, in that state consistent with their religion or customs, or
(b) refer the law to the Council of States to be approved by a two-thirds majority of all the representatives or initiate national legislation which will provide for such necessary alternative institutions as may be appropriate. (Art. 5)

Customary Law

English

(3) The State shall combat harmful customs and traditions which undermine the dignity and the status of women.
… (Art. 32)

Customary Law

English

Human rights and fundamental freedoms as specified in this Constitution, including respect for all religions, beliefs and customs, being of particular significance in the National Capital, which symbolizes national unity, shall be guaranteed and enforced in the National Capital. (Art. 154)

Customary Law

English

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

(b) behaviour based on cultural practices and traditions, which does not disturb public order, is not disdainful of other traditions and not in violation of the law, shall be deemed in the eyes of the law as an exercise of personal freedoms,
… (Art. 156)

Customary Law

English

(3) All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary laws, practices, local heritage and international trends and practices. (Art. 186)

Customary Law

English

(1) Without prejudice to the jurisdiction of the courts, there shall be established a National Land Commission that shall have the following functions:-

(d) accept references on request from the relevant government or in the process of resolving claims, make recommendations to the appropriate level of government concerning land reform policies and recognition of customary rights or customary land law,
… (Art. 187)

Customary Law

English

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

34. Traditional and customary law;
… (Schedule (C) Powers of States)

Women’s Rights

English

(1) The State shall guarantee equal right of men and women to the enjoyment of all civil, political, social, cultural and economic rights, including the right to equal pay for equal work and other related benefits.
(2) The State shall promote woman rights through affirmative action.
(3) The State shall combat harmful customs and traditions which undermine the dignity and the status of women.
(4) The State shall provide maternity and child care and medical care for pregnant women.
… (Art. 32)

1

Links to all sites last visited 2 March 2016

2,3

2 - Respect for Human Rights in the National Capital.
3 - Dispensing Justice in the National Capital.