Sudanese Academia participating in the Constitution Making forum

The search for a permanent constitution which has started following Sudan’s independence in 1956 has never been so imperative, given the current political transition of the country characterized by the recent secession of the South and the launch of the Second Republic.

A nation’s constitution articulates principles, rules and processes that define the institutions of the State, their duties and functions, the relationship between such bodies and the citizens as well as the rights and duties of citizenship itself. That is why the nation’s constitution is upheld as the highest and most supreme law in any given country.

In Sudan, the Interim National Constitution 2005 will continue to be enforced until replaced by a new constitution as stipulated in Article 226 (9) thereof: “[t]his Constitution shall govern the Interim Period, subject to any amendment or review in accordance with Article 224 herein and shall continue in force until a permanent constitution is adopted. ”

UNDP considers national ownership, inclusiveness, participation and transparency as key elements to the process of constitution-making in any country and as central aspects of democratic transitions and state-building in general. To that effect, UNDP Sudan has entered into a partnership with the Ministry of Justice to organize a series of forums on constitution-making in the 15 states of Sudan.

The main objective of these fora is to ensure broad public participation in the constitution-making process. The term Constitution -making covers both the process of drafting of a new constitution, or reforms made to an existing constitution. Through these consultative workshops, the constitution becomes more likely to better reflect the needs and demands of the nation’s citizens as a whole and therefore is more likely to gain their respect and support.

The first round of fora started in October 2011, were organized in the Red Sea and Kassala, Gedarif, River Nile and Northern States. The second round of of were organized in Algaziera, Sinnar and White Nile States from 14 to 20 December 2011. In the third round the forums will be conducted in Darfur States as follows: South Darfur, North Darfur and West Darfur States on 7-8, 11-12 and 15-16 January 2012 consecutively. The remaining States will be covered before mid-February as scheduled.

Sudanese representing a wide spectrum of political and social opinions participated in the workshops, including politicians, members of the judiciary, students, academics, traditional authorities, law enforcement personnel and civil society representatives.

A number of papers were presented during the workshops by Sudanese legal experts. Participants stressed the importance of legal reforms in Sudan (harmonization of national laws with the constitution), the need for separation of powers, federalism, nationality issues, civil services, the rights of minorities, having Sharia law as a source of legislation, and the participation of women in the constitution-making process.

Presenters are national experts in constitutionalism, human rights and federalism. The papers focused on main four themes; namely: constitutionalism and Sudan historical constitutional developments, public participation and human rights aspects in the constitution, features of the constitution with focus on federalism and democracy, and standards of the constitution-making with reflections on similar experiences.

In conclusion, these forums helped draw attention of the public to their role in the constitution-making processes, and it is hoped that decision makers take into their consideration the needs of the public and reflect them in a widely agreed upon constitution so as to reach stability and peace.

In May 2011, UNDP helped organize a similar Constitution Making Forum that served as a platform for sharing of national and international experiences in constitution-making processes and for drawing lessons for constitutional reform in Sudan. Inputs from wide-ranging national experts were presented during the two-day forum, in addition to special papers on specific country experiences presented by constitutional experts from Kenya, South Africa and Malaysia.