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2005 | Interim National Constitution of the Republic of the Sudan

The Interim National Constitution of the Republic of Sudan is the current supreme law of the country, which prevails over any other executive act. Based on a Comprehensive Peace Agreement and the Constitution of the Republic of the Sudan of 1998, it was adopted by the National Assembly on 6 July 2005 and entered into force three days later.

The Bill of Rights which forms an integral part of the Constitution imposes an obligation on the Government of Sudan to protect the right of a person to liberty, security and a fair trial (see Articles 29 and 34). The Bill also elaborates on women's rights, providing that it is the State's responsibility to promote gender equality through affirmative action and to 'combat harmful customs and traditions which undermine the dignity and the status of women' (see Articles 15(2), 32 (2)(3)). In a state of emergency the President of the country has the right to suspend part of the Bill of Rights. However, the provisions concerning torture, the right of non-discrimination, the right to litigation, and the right to a fair trial shall always remain in force (Article 211(a)).

Part nine of the Constitution is devoted to the armed forces of Sudan and the issues of the national security of the country. Pursuant to Article 144(3) the Sudan National Armed Forces and the Joint Units must at all times respect the rule of law and the fundamental human rights.