Constitution

Sudan 2019 Constitution

Chapter 15. Comprehensive Peace Issues

  1. During the transitional period, state agencies shall work on implementing the following duties:
    1. Achieving a just and comprehensive peace, ending the war by addressing the roots of the Sudanese problem and handling its effects, taking into account the provisional preferential measures for regions affected by war and underdeveloped regions, and remedying issues of marginalization as well as vulnerable and most harmed groups;
    2. Prioritizing working on completing the comprehensive peace agreement mentioned in the above paragraph within a period not exceeding six months from the date of the signature of this agreement, beginning within one month from the date that the Peace Commission is formed;
    3. Applying UN Security Council Resolution 1325 and the relevant African Union resolutions regarding participation of women at all levels in the peace process, and applying regional and international charters regarding women’s rights;
    4. Conducting legal reforms that guarantee women’s rights, by repealing all laws that discriminate against women, and protecting the rights granted to them by this Constitutional Charter;
    5. Working on stopping hostilities in conflict areas, and building a comprehensive and fair peace process by opening corridors for delivery of humanitarian assistance, and releasing prisoners and persons convicted because of the war, and exchanging prisoners;
    6. Issuing a general amnesty for rulings issued against political leaders and members of armed movements because of their membership therein;
    7. Commencing the implementation of transitional justice and accountability measures for crimes against humanity and war crimes, and presenting the accused to national and international courts, in application of the principle that there is no impunity;
    8. Facilitating the mission of the UN delegation of the High Commissioner of Human Rights to work in Sudan;
    9. Returning properties belonging to organizations and individuals that were confiscated due to war in accordance with the law;
    10. Adhering to the relevant international standards for compensation and return of properties to displaced persons and refugees, and ensuring and guaranteeing the human rights of displaced persons and refugees set forth in international agreements and national laws within the voluntary return process and after;
    11. Guaranteeing the right of displaced persons and refugees to participate in general elections and the Constitutional Conference.
  2. The essential issues for peace negotiations include the following:
    1. Particularity of the regions affected by war;
    2. Security arrangements;
    3. Voluntary return and sustainable solutions for the issues of displaced persons [and] refugees;
    4. Issues of marginalization and vulnerable groups;
    5. Equal citizenship;
    6. The system of governance and the relationship between the center, provinces/regions;
    7. Issues of land and tribal lands (hawakir);
    8. Fair distribution of power and wealth;
    9. Fair and sustainable development;
    10. Reconstruction of regions affected by the war;
    11. Compensation and restoration of property;
    12. Transitional justice, reconciliation and restitution of victims;
    13. The administrative status of provinces/states affected by the war;
    14. Any other issues to achieve a comprehensive and just peace process.
  3. The comprehensive peace agreements signed between the transitional authority and the armed movements shall be included in this Constitutional Charter in accordance with its provisions.