Preamble
Drawing inspiration from the Sudanese people’s struggles over the course of history and during the years of the former dictatorial regime from the time that it undermined the constitutional regime on 30 June 1989; believing in the principles of the glorious September 2018 Revolution; honoring the lives of the martyrs and affirming the rights of the victims of the policies of the former regime; affirming the role of women and their active participation in carrying out the revolution; recognizing the role of young people in leading the revolutionary movement; responding to the aspirations of the Sudanese people to build a modern, democratic nation-state in accordance with an integrated reform project; enshrining the principle of political pluralism and the establishment of a state of law that recognizes diversity, that takes citizenship as a basis for rights and duties, and that elevates the values of justice, equality and human rights;
Believing in the unity of Sudanese territory and national sovereignty; committed to the goals of the Declaration of Freedom and Change agreed upon between the Military Council and the Forces of Freedom and Change; striving to implement measures to achieve transitional justice, fight corruption, recover stolen funds, reform the national economy, achieve a state of prosperity, welfare and social justice, reform institutions of the state and public service, strengthen the pillars of social peace, deepen the values of tolerance and reconciliation between the components of the Sudanese people and rebuild trust between all the people of Sudan;
Confirming our determination to lay the foundations for a healthy civil regime to govern Sudan in the future; and based on the revolution’s legitimacy; we, the Transitional Military Council and the Forces of Freedom and Change, have agreed to issue the following Constitutional Charter:
Chapter 1. General Provisions
1. Name and Entry into Force
This document is entitled the Constitutional Charter for the Transitional Period of 2019. It enters into force from its date of signature.
2. Repeal and Exemption
- The Transitional Constitution of Sudan of 2005 and state constitutions are repealed, while the laws issued thereunder remain in force, unless they are repealed or amended.
- The decrees issued from 11 April 2019 until the date of signature of this Constitutional Charter remain in force, unless they are repealed or amended by the Transitional Legislative Council. If any of it contradicts any provisions of this Constitutional Charter, the provisions of the present Charter prevail.
3. Supremacy of the Charter’s Provisions
The Constitutional Charter is the supreme law of the Republic of Sudan. Its provisions prevail over all laws. Provisions of any law that are inconsistent with the provisions of this Constitutional Charter shall be repealed or amended to the extent required to remove such inconsistency.
4. Nature of the State
- The Republic of Sudan is an independent, sovereign, democratic, parliamentary, pluralistic, decentralized state, where rights and duties are based on citizenship without discrimination due to race, religion, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other cause.
- The state is committed to the respect of human dignity and diversity; and is founded on justice, equality and on the guarantee of human rights and fundamental freedoms.
5. Sovereignty
Sovereignty is vested in the people and is exercised by the state in accordance with the provisions of this Constitutional Charter.
6. Rule of Law
- All people, bodies and associations, whether official or unofficial, are subject to the rule of law.
- The transitional authority is committed to upholding the rule of law and applying the principle of accountability and restitution of grievances and rights that have been denied.
- Notwithstanding any text that is provided for in any law, war crimes, crimes against humanity, crimes of extra-judicial killing, violations of human rights and international humanitarian law, crimes of financial corruption, and all crimes that involve abuse of authority committed since 30 June 1989 shall not be extinguished by prescription.
