Home | Documents    Thursday 16 June 2005

Sudan: Memorandum to the National Constitutional Review Commission

separation
increase
decrease
separation
separation

Amnesty International

May 2005
AI Index: AFR 54/49/2005

Amnesty International welcomes the drafting of a new interim constitution for Sudan, as an opportunity to provide a better constitutional framework for the protection of human rights than the previous Constitution of Sudan of 1998. Amnesty International is presenting this memorandum to the National Constitutional Review Committee (NCRC), in charge of finalising the Draft Interim Constitution, in the hope that its comments and recommendations to improve the human rights provisions of the text will be debated and incorporated.

The Draft Interim Constitution is based on the 9 January 2005 Comprehensive Peace Agreement (CPA), comprising the seven protocols and agreements reached between the Government of Sudan (GoS) and the Sudan People’s Liberation Army/Movement (SPLA/M) between July 2002 and December 2004. According to Article 225(1), the Comprehensive Peace Agreement is "deemed to have been duly incorporated in its entirety in this Constitution" and "The provisions of the Comprehensive Peace Agreement which are not expressly incorporated herein shall be considered as part of this Constitution." In particular, the Power-Sharing Protocol, agreed in May and signed on 5 June 2004, forms the basis of the relationship between government institutions, and contains the Bill of Rights which is included in the constitution.
Over the past two years there have been a number of conferences and debates on the future Sudanese Constitution in light of the expected peace accords and the armed conflict which preceded them. Conferences organized by non-governmental organisations such as Justice Africa and the Cairo Institute for Human Rights Studies, including Sudanese and international lawyers and jurists, were held in Nairobi, Kenya and Entebbe, Uganda. However, it is not clear to what extent these conferences were able to provide input into the current Draft Interim Constitution. A draft interim constitution proposed and made public by the Max Planck Institute of Heidelberg, Germany, in February 2005 was apparently rejected by the GoS and the SPLM.
The current Draft Interim Constitution was drafted by a panel of 14, composed of seven members nominated by the GoS and seven by the SPLM. This draft is now being discussed by the National Constitutional Review Committee (NCRC) .
The Draft Interim Constitution which is at present being discussed by the National Constitutional Review Committee is dated 16 March 2005, but it was not, apparently, made public until May 2005. It contains 16 parts and 227 articles and will come into effect on 9 July 2005, when according to the CPA the interim period is scheduled to begin.

This memorandum is not an exhaustive analysis of the Draft Interim Constitution. It presents some of Amnesty International’s concerns and recommendations to improve human rights provisions in the Draft. The Interim Constitution itself will not be sufficient to prevent human rights violations; however, strong constitutional guarantees for the respect, protection and promotion of human rights, would be a powerful tool to prevent further human rights abuses in Sudan and usher a new era for the protection of the human rights of all in Sudan.

- Read the full text:

Comments on the Sudan Tribune website must abide by the following rules. Contravention of these rules will lead to the user losing their Sudan Tribune account with immediate effect.

- No inciting violence
- No inappropriate or offensive language
- No racism, tribalism or sectarianism
- No inappropriate or derogatory remarks
- No deviation from the topic of the article
- No advertising, spamming or links
- No incomprehensible comments

Due to the unprecedented amount of racist and offensive language on the site, Sudan Tribune tries to vet all comments on the site.

There is now also a limit of 400 words per comment. If you want to express yourself in more detail than this allows, please e-mail your comment as an article to comment@sudantribune.com

Kind regards,

The Sudan Tribune editorial team.

Comment on this article



The following ads are provided by Google. SudanTribune has no authority on it.


s
Sudan Tribune

Promote your Page too

Latest Comments & Analysis


Sudan’s removal from terror list taints U.S. values 2018-11-10 08:34:32 November, 9th, 2018 The Honorable Michael Richard Pompeo Secretary of State U.S. Department of State 2201 C St NW, Washington DC 20520 USA RESPONSE BY SUDAN LIBERATION MOVEMENT (SLM/A-AW) TO (...)

R-ARCISS: A Peace that divides the signatories and non-signatories 2018-11-10 07:58:28 By Tito Awen, Juba-South Sudan I keep wondering if peace can divide or unite the partners. I am not so young nor unmindful not to have known what happened after signing of the Comprehensive (...)

U.S. Move Ignores Sudan’s Abuses Against its Own People 2018-11-09 06:56:11 U.S. Considers Lifting Sudan’s ‘Terror State’ Designation By Jehanne Henry With all eyes on mid-term elections in the United States, almost no one noticed that on the same day the US State (...)


MORE






Latest Press Releases


Progress observed at end of second month of R-ARCSS implementation 2018-10-22 06:44:02 Press Release 21 October 2018 South Sudanese government released 24 detainees in the implementation of the revitalized peace agreement said the International Committee of the Red Cross (ICRC) (...)

4th Annual Tony Elumelu Foundation Entrepreneurship Forum Announced for 25th October 2018 2018-10-15 12:38:14 PRESS RELEASE OCTOBER 14, 2018 Africa’s leading entrepreneurship-focused philanthropic organisation, the Tony Elumelu Foundation (TEF), has announced October 25, 2018, as the date for its (...)

Unity State community in Kenya supports Khartoum peace agreement 2018-08-17 08:33:21 PRESS STATMENT 14th Aug, 2018 Re: We shall Rally behind Khartoum Peace Agreement The Unity State Community Association in Kenya was established in 2010 to organize and mobilize the people of (...)


MORE

Copyright © 2003-2018 SudanTribune - All rights reserved.