Sudan 2005 Historical

1. Nature of the State

1. Type of government envisioned
   The Republic of the Sudan is an independent, sovereign State. It is a democratic, decentralized, multi-cultural, multi-racial, multi-ethnic, multi-religious, and multi-lingual country where such diversities co-exist.
2. Human dignity
   The State is committed to the respect and promotion of human dignity; and is founded on justice, equality and the advancement of human rights and fundamental freedoms.
3. The Sudan is an all embracing homeland where religions and cultures are sources of strength, harmony and inspiration.

2. Sovereignty

3. Supremacy of the Interim National Constitution

4. Fundamental Bases of the Constitution

5. Sources of Legislation

1. Official religion, Status of religious law
   Nationally enacted legislation having effect only in respect of the Northern states of the Sudan shall have as its sources of legislation Islamic Sharia and the consensus of the people.
2. Official religion, Status of religious law
   Nationally enacted legislation applicable to Southern Sudan or states of Southern Sudan shall have as its sources of legislation popular consensus, the values and the customs of the people of the Sudan, including their traditions and religious beliefs, having regard to Sudan's diversity.
3. Where national legislation is currently in operation or is to be enacted and its source is religion or custom, then a state, and subject to Article 26(a) herein in the case of Southern Sudan, the majority of whose residents do not practice such religion or customs may:-
   1. either introduce legislation so as to allow practices or establish institutions, in that state consistent with their religion or customs, or
   2. refer the law to the Council of States to be approved by a two-thirds majority of all the representatives or initiate national legislation which will provide for such necessary alternative institutions as may be appropriate.

6. Religious Rights

7. Citizenship and Nationality

1. Citizenship shall be the basis for equal rights and duties for all Sudanese.
2. Inalienable rights
   Every person born to a Sudanese mother or father shall have an inalienable right to enjoy Sudanese nationality and citizenship.
3. Conditions for revoking citizenship, Requirements for naturalization
   The law shall regulate citizenship and naturalization; no naturalized Sudanese shall be deprived of his acquired citizenship except in accordance with the law.
4. A Sudanese national may acquire the nationality of another country as shall be regulated by law.

8. Language

1. Official or national languages, Protection of language use
   All indigenous languages of the Sudan are national languages and shall be respected, developed and promoted.
2. Official or national languages
   Arabic is a widely spoken national language in the Sudan.
3. Official or national languages
   Arabic, as a major language at the national level and English shall be the official working languages of the national government and the languages of instruction for higher education.
4. In addition to Arabic and English, the legislature of any sub-national level of government may adopt any other national language as an additional official working language at its level.
5. There shall be no discrimination against the use of either Arabic or English at any level of government or stage of education.

9. National Symbols

10. National Economy

1. Right to reasonable standard of living, Mentions of social class
   The overarching aims of economic development shall be eradication of poverty, attainment of the Millennium Development Goals, guaranteeing the equitable distribution of wealth, redressing imbalances of income and achieving a decent standard of life for all citizens.
2. Right to competitive marketplace
   The State shall develop and manage the national economy in order to achieve prosperity through policies aimed at increasing production, creating an efficient and self reliant economy and encouraging free market and prohibition of monopoly.
3. The State shall enhance regional economic integration.

11. Environment and Natural Resources

1. The people of the Sudan shall have the right to a clean and diverse environment; the State and the citizens have the duty to preserve and promote the country's biodiversity.
2. The State shall not pursue any policy, or take or permit any action, which may adversely affect the existence of any species of animal or vegetative life, their natural or adopted habitat.
3. The State shall promote, through legislation, sustainable utilization of natural resources and best practices with respect to their management.

12. Social Justice

1. Right to work
   The State shall develop policies and strategies to ensure social justice among all people of the Sudan, through ensuring means of livelihood and opportunities of employment. The State shall also encourage mutual assistance, self-help, co-operation and charity.
2. State support for the disabled, State support for the elderly
   No qualified person shall be denied access to a profession or employment on the basis of disability; persons with special needs and the elderly shall have the right to participate in social, vocational, creative or recreational activities.

13. Education, Science, Art and Culture

1. Reference to science
   The State shall mobilize public, private and popular resources and capabilities for education and development of scientific research, especially Research and Development.
2. Reference to art
   The State shall encourage and promote craft and arts and foster their patronization by government institutions and citizens.
3. The State shall recognize the cultural diversity of the country and shall encourage such diverse cultures to harmoniously flourish and find expression, through the media and education.
4. Right to culture
   The State shall protect Sudan's cultural heritage, monuments and places of national historic or religious importance, from destruction, desecration, unlawful removal or illegal export.
5. Reference to science, Right to academic freedom
   The State shall guarantee academic freedom in institutions of higher education and shall protect the freedom of scientific research within the ethical parameters of research.

14. Children, Youth and Sports

1. State support for children, Rights of children
   The State shall adopt policies and provide facilities for child and youth welfare and ensure that they develop morally and physically, and protect them from moral and physical abuse and abandonment.
2. The State shall promote sports and empower the youth to develop their potentials.
3. The State shall protect and support popular sports institutions and guarantee their independence.

15. Family, Women and Marriage

1. Regulation of marriage, Right to found a family
   The family is the natural and fundamental unit of the society and is entitled to the protection of the law; the right of man and woman to marry and to found a family shall be recognized, according to their respective family laws, and no marriage shall be entered into without the free and full consent of its parties.
2. The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life.

16. Morals and Public Integrity

1. The State shall enact laws to protect the society from corruption[,] delinquency and social evils and steer the society as a whole towards virtuous social values consistent with religions and cultures of the Sudan.
2. The State shall enact laws and establish institutions to eliminate corruption, inhibit abuse of power and ensure integrity in public life.

17. Foreign Policy

18. Defence of the Country

19. Public Health

20. Fiscal Levies

1. No taxes, fees, tariffs or other fiscal dues, shall be levied save by law.
2. Duty to pay taxes
   Zakat is a duty on Muslims; its collection, expenditure and administration shall be regulated in the Northern states by law.

21. National Reconciliation

22. Saving

23. Duties of the Citizen

1. Duty to obey the constitution
   It shall be the duty of every Sudanese citizen to pledge allegiance to the Republic of the Sudan, abide by this Constitution, respect the institutions created hereunder and safeguard the territorial integrity of the country.
2. In particular every citizen shall:
   1. Duty to serve in the military
      defend the country and respond to the call for national service within the terms of this Constitution and the law,
   2. Reference to fraternity/solidarity
      abhor violence, promote harmony, fraternity and tolerance among all people of the Sudan in order to transcend religious, regional, linguistic, and sectarian divisions,
   3. preserve public funds and assets and respect legal and financial obligations towards the State,
   4. avert and thwart corruption and sabotage,
   5. participate fully in the development of the country,
   6. take part in the general elections and referenda as stipulated in this Constitution and the law,
   7. abide by law and co-operate with the appropriate agencies in the maintenance of law and order,
   8. Protection of environment
      preserve the natural environment,
   9. generally, be guided and informed in his actions by the interests of the nation and the principles enshrined in this Constitution.

24. Levels of Government

25. Devolution of Powers

26. Inter-Governmental Linkages

1. In the administration of the decentralized system of the country, the following principles of inter-governmental linkages shall be respected:-
   1. the linkage between the national government and the states in Southern Sudan shall be through the government of Southern Sudan,
   2. in their relationships with each other or with other government organs, all levels of government and particularly national, Southern Sudan and state governments shall observe the following:-
      1. respect each others' autonomy,
      2. collaborate in the task of governing and assist each other in fulfilling their respective constitutional obligations.
   3. government organs at all levels shall perform their functions and exercise their powers so as:-
      1. not to encroach on the powers or functions of other levels,
      2. not to assume powers or functions conferred upon any other level except as provided for by this Constitution,
      3. to promote co-operation between all levels of government,
      4. to promote open communication between all levels of government,
      5. to render assistance and support to other levels of government,
      6. to advance good co-ordination of governmental functions,
      7. to adhere to procedures of inter-governmental interaction,
      8. to promote amicable settlement of disputes before attempting litigation,
      9. to respect the status and institutions of other levels of government.
   4. the harmonious and collaborative interaction of the different levels of government shall be within the context of national unity and for the achievement of a better quality of life for all[.]
2. Any two or more states may agree on mechanisms or arrangements to enhance interstate co-ordination and co-operation.

49. Composition of the National Executive

50. Powers of the National Executive

51. Composition of the Presidency

1. Deputy executive
   The Presidency of the Republic shall consist of the President of the Republic and two Vice President[s].
2. There shall be partnership and collegial decision-making within the Presidency in order to safeguard stability in the country and implement the Comprehensive Peace Agreement.

52. The President of The Republic

53. Eligibility for the President of the Republic

54. Nomination and Election of the President of the Republic

1. Any eligible voter may nominate whoever he deems fit for the office of the President of the Republic; however, the Presidential candidate shall be seconded by a number of eligible voters as specified by law.
2. The Presidential candidate who wins more than fifty percent of the total votes of the polling electorate shall be the President elect.
3. Where the percentage mentioned in sub-Article (2) above is not attained, there shall be a run-off election between the two presidential candidates who have obtained the highest number of votes.

55. Postponement of Elections of the President

1. Where election of the President of the Republic is not possible for any reason, as shall be decided by the National Elections Commission according to the election law, the National Elections Commission shall fix a new date for the elections as soon as practicable, but not later than sixty days from the scheduled election date.
2. Pending the holding of the postponed elections, the incumbent President of the Republic shall continue as a caretaker President; and his tenure shall be extended until the President elect takes the oath of office.

56. Oath of the President

57. Tenure of Office of the President of the Republic

58. Functions of the President of the Republic

1. The President of the Republic is the Head of the State and Government and represents the will of the people and the authority of the State; he shall exercise the powers vested in him by this Constitution and the Comprehensive Peace Agreement and shall, without prejudice to the generality of the foregoing, perform the following functions:-
   1. preserve the security of the country and protect its integrity,
   2. supervise the executive constitutional institutions and provide exemplary leadership in public affairs,
   3. appoint holders of constitutional and judicial posts in accordance with the provisions of this Constitution and the law,
   4. preside over the National Council of Ministers,
   5. summon, adjourn or prorogue the National Legislature,
   6. Power to declare/approve war
      declare war in accordance with this Constitution and the law,
   7. Emergency provisions
      declare and terminate the state of emergency in accordance with the provisions of this Constitution and the law,
   8. Constitution amendment procedure
      initiate constitutional amendments and legislations and assent to laws,
   9. Power to pardon
      approve death sentences, grant pardon, lift convictions and remit penalties according to this Constitution and the national law,
   10. Foreign affairs representative
       represent the State in its foreign relations, appoint ambassadors of the State and accept credentials of foreign ambassadors,
   11. Treaty ratification, International law
       direct and supervise the foreign policy of the State and ratify treaties and international agreements with the approval of the National Legislature,
   12. seek the opinion of the Constitutional Court on any matter in connection with the Constitution,
   13. any other functions as may be prescribed by this Constitution or the law.
2. Notwithstanding sub-Article (1) above, the President of the Republic shall, in respect of the following matters, take decisions with the consent of the First Vice President:-
   1. Emergency provisions
      declaration and termination of a state of emergency,
   2. Power to declare/approve war
      declaration of war,
   3. Electoral commission, Supreme court selection, Ordinary court selection
      appointments that the President of the Republic is required to make according to Appendix B1 of the Comprehensive Peace Agreement,
   4. summoning, adjourning or proroguing the National Legislature.

59. Vacancy of the Office of the President of the Republic

60. Immunity and Impeachment of the President and the First Vice President

1. Head of state immunity
   The President of the Republic and the First Vice President shall be immune from any legal proceedings and shall not be charged or sued in any court of law during their tenure of office.
2. Notwithstanding sub-Article (1) above, and in case of high treason, gross violation of this Constitution or gross misconduct in relation to State affairs, the President or the First Vice President may be charged before the Constitutional Court upon a resolution passed by three quarters of all members of the National Legislature.
3. In the event of conviction of the President of the Republic or the First Vice President, in accordance with sub-Article (2) above, he shall be deemed to have forfeited his office.

61. Contesting Acts of the President or the Presidency

62. The two Vice President[s], Assistants and Advisors

1. The elected President of the Republic shall appoint two Vice President[s], one from Southern Sudan and the other from Northern Sudan. If the elected President is from the North, the position of the First Vice President shall be filled by the person who has been elected to the post of President of Government of Southern Sudan, as the President's appointee to the said position. In the event that a person from the South wins the Presidential elections, the elected President shall appoint the First Vice President from the North upon the recommendation of the party that won the highest number of northern seats in the National Assembly.
2. The two Vice Presidents shall satisfy the same conditions required for the office of the President of the Republic.
3. The President of the Republic may appoint assistants and advisors and define their functions and seniorities.
4. Oaths to abide by constitution
   To assume their respective offices, the two Vice Presidents, assistants and advisors shall take before the President of the Republic the same oath taken by the President.

63. Functions of the two Vice President[s]

1. The First Vice President shall have the following functions:-
   1. act in the absence of the President of the Republic in accordance with the provisions of this Constitution,
   2. membership of the National Council of Ministers,
   3. membership of the National Security Council,
   4. membership of the Presidential Council in the pre-election period,
   5. chairmanship of the Presidential Council in the post election period in the event of the office of the President falling vacant,
   6. any other function or duty that may be assigned to him by the President of the Republic.
2. The [Second] Vice President shall have the following functions:-
   1. act in the absence of the President of the Republic and the First Vice President in accordance with the provisions of this Constitution,
   2. membership of the National Council of Ministers,
   3. membership of the Presidential Council and Commander-in-Chief of Sudan Armed Forces should the office of the President of the Republic fall vacant according to Articles 65 and 66 herein,
   4. membership of the National Security Council,
   5. any other function or duty that may be assigned to him by the President taking into account the hierarchy within the Presidency.

64. Vacancy of the Office of the First Vice President

65. The Incumbent President and the First Vice President

66. Vacancy of the Office of the President before Elections

67. Vacancy of the Office of the President after Elections

68. Vacancy of the Office of the First Vice President before Elections

69. Interim Provisions for Tenure of Office of the President and the First Vice President

1. Should the outcome of the referendum on self-determination confirm unity, the President of the Republic and the First Vice President shall complete the tenure of their offices.
2. In the event of a vote for secession by the people of Southern Sudan, the President of the Republic shall continue in office if he is from the North; however, if the President is from the South he shall be deemed to have resigned and the First Vice President shall assume the office of the President of the Republic to complete the tenure to the next elections.

70. Composition and Competences of the National Council of Ministers

1. Cabinet selection
   The President of the Republic shall, after consultation within the Presidency, appoint the National Council of Ministers.
2. The President of the Republic and the two Vice Presidents shall be members of the National Council of Ministers.
3. Without prejudice to the powers vested in the President of the Republic and the Presidency under this Constitution, decisions of the Council of Ministers shall prevail over all other executive decisions.
4. The National Council of Ministers shall be the national executive authority in the State in accordance with the provisions of this Constitution and the law; its decisions shall be adopted by consensus or by simple majority.
5. There shall be national State ministers appointed by the President of the Republic, after consultation within the Presidency; they shall assist the national ministers and may act in their absence.
6. Oaths to abide by constitution
   The national State ministers shall take the same oath of office of the national minister.

71. Oath of the National Minister

72. Functions of the National Council of Ministers

73. Functions of the National Minister

1. The national minister shall be the head of his ministry, and his decisions shall prevail therein. However, the National Council of Ministers may review such decisions; the President of the Republic may suspend the decision of a national minister pending such review.
2. The national minister and corresponding ministers of Government of Southern Sudan and states shall collaborate and establish relations among themselves in fulfilling their respective constitutional obligations.
3. Perform any public or political role and provide leadership in public affairs to achieve the objectives of national policy.
4. Any other functions or powers assigned by law or delegation.

74. Collective and Individual Responsibility of National Ministers

1. The national minister shall be answerable to the President of the Republic, the National Council of Ministers and the National Assembly.
2. Legislative oversight of the executive
   The national ministers shall be collectively and individually responsible before the National Assembly for the performance of the National Council of Ministers.
3. The national minister shall be bound by the decisions of the National Council of Ministers.

75. Declaration of Wealth and Prohibition of Private Business

1. Earnings disclosure requirement
   All executive and legislative constitutional office holders, Justices, and senior civil service officials shall, upon assumption of their offices, make confidential declarations of their assets and liabilities including those of their spouses and children in accordance with the law.
2. The President of the Republic, the two Vice Presidents, assistants and advisors, the President of Government of Southern Sudan, national ministers, and other constitutional office holders shall, during their tenure of offices, neither practice any private profession, transact commercial business, nor receive compensation or accept employment of any kind from any source other than the National Government, the Government of Southern Sudan or a state government as the case may be.

76. Vacancy of the Office of the National Minister

77. Confidentiality of Deliberations of the National Council of Ministers

78. Contesting Ministerial Acts

79. Objectives of the Government of National Unity

80. Allocation of Seats of Government of National Unity

81. Sharing of National Ministerial Portfolios

82. Duties of the Government of National Unity

83. Composition of the National Legislature

1. There shall be established a National Legislature composed of the following two chambers:-
   1. The National Assembly and
   2. The Council of States.
2. The National Legislature shall conduct its business as prescribed in this Constitution in joint sittings of the two Chambers, chaired by the Speaker of the National Assembly and deputized by the Speaker of the Council of States.
3. Vote count shall be separate for each Chamber and governed by the quorum specified in this Constitution.
4. Each Chamber shall sit separately to conduct its business as prescribed in this Constitution.
5. The National Legislature, as well as each of its Chambers, shall make its own internal regulations.

84. Composition of the National Assembly

1. First chamber selection
   The National Assembly shall be composed of members elected in free and fair elections.
2. The National Elections Law shall determine the number of members and composition of the National Assembly.

85. Composition of the Council of States

1. The Council of States shall be composed of two representatives from each state, elected by the state legislature in accordance with the National Elections Law and regulations set forth by the National Elections Commission.
2. Abyei Area shall have two observers at the Council of States, elected by Abyei Area Council.

86. Eligibility for Membership of the National Legislature

1. Eligibility for first chamber, Eligibility for second chamber
   The candidate for membership of either Chamber of the National Legislature shall:-
   1. be a Sudanese,
   2. Minimum age for first chamber, Minimum age for second chamber
      be at least twenty-one years of age,
   3. be of sound mind,
   4. be literate,
   5. not have been convicted during the previous seven years of an offence involving honesty or moral turpitude.
2. Membership of the National Assembly shall not be combined with representation at the Council of States.
3. Outside professions of legislators
   Members of Southern Sudan Assembly or Executive, Governors and members of state legislatures or executives, shall not be eligible for membership of the National Legislature while occupying any of the aforementioned positions.
4. Eligibility for cabinet
   Representation at the Council of States shall not be combined with membership of the National Council of Ministers.

87. Lapse of Membership of the National Legislature

1. Removal of individual legislators
   Membership of the National Legislature shall lapse by a resolution passed by the appropriate Chamber in any of the following cases:-
   1. mental infirmity or physical incapacity,
   2. conviction for an offence involving honesty or moral turpitude,
   3. Attendance by legislators
      absence from one full session of the appropriate Chamber without permission or acceptable excuse,
   4. announcement of his written resignation in the appropriate Chamber,
   5. change of political affiliation, identity or party on which he was elected to the National Assembly,
   6. relief by the appropriate state legislature by a decision supported by two-thirds of its members in the case of representatives at the Council of States,
   7. assumption of the office of minister in the Government of Southern Sudan, Governor or state minister,
   8. death.
2. Replacement of legislators
   Upon vacation of the seat of a member or representative, his successor shall be elected in the appropriate manner prescribed by this Constitution within a period of ninety days.

88. Seat of the National Legislature

1. The National Legislature shall convene at the seat of the National Assembly. However, the two Speakers may agree, for exceptional reasons, to convene a sitting of the National Legislature elsewhere.
2. The National Assembly shall convene at its seat in Omdurman; however its Speaker may exceptionally call it to convene elsewhere.
3. The Council of States shall have its seat in Omdurman, however, it may also hold sessions in the Capital City of Southern Sudan or of any state, as may be decided by its Speaker or the majority of the representatives.

89. Oath of Member of the National Legislature

90. Term of the National Legislature

91. Functions of the National Legislature

1. The National Legislature represents the will of the people and shall foster national unity, exercise national legislative functions, oversee the National Executive, and promote the decentralized system of government.
2. Without prejudice to the generality of sub-Article (1) above, the National Legislature shall convene for the following purposes to:-
   1. amend this Constitution and approve amendments affecting the Comprehensive Peace Agreement that are presented by its signatories in accordance with Article 224 of this Constitution,
   2. discuss addresses by the President of the Republic,
   3. authorize annual allocation of resources and revenues, in accordance with Article 110 of this Constitution,
   4. reconsider a bill which has been rejected by the President of the Republic under Article 108(2) herein,
   5. promulgate the Southern Sudan Referendum Act provided for in Article 220(1) herein,
   6. Power to declare/approve war
      approve declaration of war,
   7. Emergency provisions
      confirm declaration of state of emergency or termination thereof,
   8. Head of state removal
      impeach the President of the Republic or the First Vice President,
   9. perform any other function determined by this Constitution or law.
3. Division of labor between chambers, First chamber reserved policy areas
   The National Assembly shall be competent to:.
   1. assume legislation in all national powers, subject to sub-Article (5)(b),
   2. approve plans, programmes and policies relating to the State and society,
   3. Budget bills
      approve the annual national budget,
   4. Treaty ratification
      ratify international treaties, conventions and agreements,
   5. oversee the performance of the National Executive,
   6. adopt resolutions on matters of public concern,
   7. Legislative oversight of the executive
      summon national ministers to present reports on the executive performance of the government in general or of specified ministries or particular activities,
   8. Legislative oversight of the executive
      interrogate, at will, national ministers about their performance or the performance of their ministries and may recommend to the President of the Republic, in a subsequent sitting, the removal of a national minister, if he is deemed to have lost the confidence of the National Assembly.
4. Division of labor between chambers, Second chamber reserved policy areas
   The Council of States shall be competent to:.
   1. initiate legislations on the decentralized system of government and other issues of interest to the states and pass such legislations with two-thirds majority of all representatives,
   2. issue resolutions and directives that may guide all levels of government in accordance with the provisions of Articles 24, 25 and 26 of this Constitution,
   3. approve by two-thirds majority of all representatives, the appointment of the Justices of the Constitutional Court,
   4. approve, by a two-thirds majority, national legislation referred to in Article 5(3)(a) of this Constitution or initiate national legislation which will provide for such necessary alternative institutions, according to Article 5(3)(b) of this Constitution, as appropriate,
   5. supervise the National Reconstruction and Development Fund,
   6. decide on objections by states referred to it by the National Petroleum Commission according to the provisions of Article 191(4)(d) of this Constitution,
   7. request statements from national ministers concerned regarding effective implementation of the decentralized system and devolution of powers.
5. While sitting separately to transact business that falls within its competence, each Chamber shall observe the following rules:-
   1. any bill on a matter falling within the competence of either Chamber, shall be tabled in that Chamber,
   2. a bill passed by the National Assembly shall be referred to a standing Inter-Chamber Committee for scrutiny and decision on whether it affects the interests of the states. Should the Committee decide that the bill affects the interest of the states, the bill shall be referred to the Council of States,
   3. should the Council of States introduce any amendments in the referred bill, by a two thirds majority of the representatives or pass it as is, the bill shall be sent to the President of the Republic for his assent without being returned to the National Assembly,
   4. no Chamber shall discuss any business of which the other Chamber is seized, until it is finally referred to it.

92. Immunity of Members of the National Legislature

1. Except where he is caught in the act of crime, no criminal proceedings shall be initiated against a member of the National Legislature; neither shall any measure be taken against his person or belongings without permission from the Speaker of the appropriate Chamber.
2. In case the member or representative is charged with a serious crime the appropriate Chamber may waive the immunity of the accused member or representative.

93. Sessions of the National Legislature

1. Each Chamber of the National Legislature shall hold its first sitting upon convocation by the President of the Republic within thirty days following the official declaration of the results of the elections. The first sitting shall be chaired by the eldest of the members/representatives present.
2. Without prejudice to Article 58(2)(d), each Chamber shall determine the commencement and closure dates of its sessions.
3. Extraordinary legislative sessions
   Either Chamber may convene an emergency or extraordinary session on the request of half of its members or representatives or upon call from the President of the Republic.

94. Officers of the National Legislature

1. Leader of first chamber, Leader of second chamber
   Each Chamber shall have a Speaker and Deputy Speakers to be elected from among its members at the first sitting.
2. The Speaker shall preside over sittings of his Chamber, control order and supervise the administrative affairs thereof. He shall represent the Chamber inside and outside the Sudan.
3. Each Chamber of the National Legislature shall elect its leaders, chairpersons and members of the specialized committees and any other committee as may be determined by the internal regulations.
4. The Speaker shall, upon approval of his Chamber, appoint a Secretary General for the Chamber; who shall not be a member or a representative. The Secretary General shall be responsible for preparing the sessions of the Chamber and running its administrative affairs under the supervision of the Speaker.
5. The National Assembly may consider broad inclusiveness in the apportionment of its positions.

95. Committees of the National Legislature

1. Each Chamber, in accordance with its internal regulations, shall have standing specialized committees and ad hoc committees.
2. The two Chambers may form inter-chamber standing or ad hoc committees for specific matters that are of concern to the two Chambers.

96. Regulations of the National Legislature

1. Each Chamber of the National Legislature shall, on the initiative of its Speaker, make regulations for the conduct of its business.
2. The National Legislature shall make internal regulations on the initiative of the Speakers of the two Chambers.

97. Quorum

1. The ordinary quorum for the sittings of the National Assembly shall be more than half of the members; however, internal regulations may provide for a reduced quorum that may not apply for the final presentation of bills.
2. The quorum for the sittings of the Council of States shall be more than half of the representatives.

98. Publicity of Sittings of the National Legislature

99. Passing Legislative Resolutions

100. Prerogative of Members of the National Legislature

101. Address by the President of the Republic

102. Addresses by the Two Vice Presidents and Statements by National Ministers and Governors

1. Any of the two Vice President of the Republic or the President of the Government of Southern Sudan may request to address either Chamber of the National Legislature. The concerned Chamber shall provide an opportunity for hearing such address as promptly as possible.
2. A national minister may request to deliver a statement before either Chamber of the National Legislature, whereas a Governor may request to make a statement before the Council of States.

103. Addressing Questions by Members of the National Legislature

104. Requesting Statements

105. General Summons

1. The National Assembly or any of its committees may summon any public official or any person, other than the President of the Republic and the two Vice President to testify before it, give opinion to the Assembly or any of its committees.
2. Inquiry on any matter that falls within the direct responsibility of the National Executive may only be made after notifying the President of the Republic.

106. Tabling of Bills

1. Initiation of general legislation
   The President of the Republic, the Presidency, the National Council of Ministers, a national minister or a committee of the National Legislature may table a bill before either Chamber of the National Legislature subject to their respective competences.
2. Initiation of general legislation
   A member of the National Legislature may table a private bill before the Chamber to which he belongs on a matter that falls within the competence of that Chamber.
3. A private member bill shall not be tabled before the appropriate Chamber save after being referred to the concerned committee to determine whether it involves an issue of important public interest.

107. Procedures for Presentation and Consideration of Bills

1. Bills presented to either Chamber of the National Legislature shall be submitted for the first reading by being cited by title and thereby deemed to be tabled with the appropriate Chamber. The bill shall then be submitted for a second reading for general deliberation and approval in principle. Should the bill be passed in the second reading, there shall be a third reading for deliberation in detail and introduction of, and decision upon, any amendment. The bill shall then be submitted in its final form for the final reading, at which stage the text of the bill shall not be subject to further discussion and shall be passed section by section and then passed as a whole.
2. After the first reading, the Speaker shall refer the bill to the appropriate committee which shall make a general evaluation report for the purpose of the second reading. The committee shall also present a report on the amendments that the committee might or might not have endorsed in the third reading; the Speaker may also refer the bill once again to the appropriate committee to prepare a report on the final drafting in preparation for the final reading.
3. The Speaker or the appropriate committee, may seek expert opinion on the viability and rationale of the bill; an interested body may also be invited to present views on the impact and propriety of the bill.
4. The Chamber may[,] by a special resolution, decide on any bill as a general committee or by summary proceedings.

108. Assent of the President of the Republic

1. Any bill approved by the National Legislature shall not become law unless the President of the Republic assents to it and signs it into law. If the President withholds assent for thirty days without giving reasons, the bill shall be deemed to have been so signed.
2. Should the President of the Republic withhold assent to the bill and give reasons within the aforementioned thirty days, the bill shall be re-introduced to the National Legislature to consider the observations of the President of the Republic.
3. Veto override procedure
   The bill shall become law if the National Legislature again passes it by a two-thirds majority of all the members and representatives of the two Chambers; the assent of the President of the Republic shall not be required for that bill to come into force.

109. Provisional Orders

1. Should the National Legislature not be in session, the President of the Republic may, on an urgent matter, issue a provisional order having the force of law; however, such provisional order shall be submitted to the appropriate Chamber of the National Legislature as soon as it is convened. Where the National Legislature ratifies the provisional order as it is, it shall be promulgated as law, but where the same is rejected by either Chamber or where the parliamentary session ends without it being ratified, the provisional order shall lapse with no retrospective effect.
2. Notwithstanding sub-Article (1) above, the President of the Republic shall not make any provisional order on matters affecting the Comprehensive Peace Agreement, the Bill of Rights, the decentralized system of government, general elections, annual allocation of resources and financial revenues, penal legislations, international conventions or agreements altering the borders of the State.
3. Every law which was repealed or amended pursuant to a provisional order that later lapsed, shall revive into force as it is, starting from the date when the provisional order lapsed.
4. The National Assembly may delegate to the President of the Republic the power to ratify international conventions and agreements while the National Assembly is not in session; however, such ratified conventions or agreements shall not be subject to subsequent ratification by the National Assembly and shall be deposited before the National Assembly as soon as it is convened.

110. Allocation of Resources and Revenues Bill

111. National Budget Bill

1. The President of the Republic shall cause to be presented to the National Assembly before the beginning of the financial year the bill on the general budget of the State, including a general evaluation of the economic and financial situation of the country, detailed estimates of proposed revenues and expenditure for the forthcoming year compared to those of the previous financial year, a statement of the general budget, any reserve funds, transfers thereto or allocations therefrom, explanations of any special budgets or financial estimates, policies or measures to be taken by the State in the financial and economic affairs within the framework of the general budget.
2. Spending bills, Finance bills, Tax bills
   The President of the Republic shall cause to be submitted to the National Assembly proposals of total expenditure entered into the budget as an appropriation bill and proposals for taxes, fees and other levies as well as borrowing, investment or State saving bonds as financial bills.
3. The National Assembly shall adopt the general budget bill, chapter by chapter including schedules, and it shall adopt the total appropriation bill. Where the law is passed, detailed estimates as specified in the general budget shall not be exceeded save by a supplementary law. Surplus funds over revenue estimates and funds out of the legal reserve shall not also be spent save by a supplementary appropriation law.

112. Private Member Financial Bills

113. Provisional and Supplementary Financial Measures

1. Tax bills
   Notwithstanding the provisions of Article 109(2) above, the President of the Republic may wherever he deems it appropriate for public interests, make a presidential order having the force of law, providing that the imposition of any tax, or fee or the amendment thereof shall come into force, pending submission of a bill requiring the same to the National Assembly. When that financial bill is adopted or rejected, the force of the presidential order shall cease without the rejection or amendment of the bill having retrospective effect.
2. Budget bills
   Where the procedure of adopting the general budget and the appropriation bill is delayed beyond the beginning of the financial year, expenditure shall continue pending adoption of the general budget, in accordance with the estimates approved for the previous year, as if the same has been appropriated by law for the new year.
3. Whenever new circumstances occur or a matter of public concern proves not to have been satisfactorily addressed by the general budget, the President may during the financial year cause to be submitted a financial bill, a supplementary appropriation or an allocation out of the reserve funds, to which shall apply the same provisions set out in respect of the general budget bill.

114. Final Accounts

115. Delegation of Powers of Subsidiary Legislation

116. Validity of the Proceedings of the National Legislature

117. Composition of National Legislature Prior to Elections

1. Pending elections, the National Assembly shall be composed of four hundred and fifty members who shall be appointed by the President of the Republic in consultation with the First Vice President, according to the seventy percent and thirty percent north/south ratio, as follows:-
   1. The National Congress Party shall be represented by fifty-two percent (forty-nine percent for Northerners and three percent for Southerners),
   2. Sudan People's Liberation Movement shall be represented by twenty-eight percent (twenty-one percent for Southerners and seven percent for Northerners),
   3. Other Northern political forces shall be represented by fourteen percent,
   4. Other Southern political forces shall be represented by six percent.
2. Until the elections are held, the representatives of states at the Council of States and observers of Abyei Area shall be appointed by the President of the Republic after consultation within the Presidency and, in the case of Southern Sudan, on the recommendation of the President of Government of Southern Sudan after consultation with state institutions.

118. Interim Provisions for Tenure of the National Legislature

1. Should the outcome of the referendum on self-determination confirm unity, the National Legislature shall complete its tenure in accordance with the provisions of this Constitution.
2. In the event of a vote for secession by the people of Southern Sudan, the seats of the members and representatives of Southern Sudan in the National Legislature shall be deemed to have fallen vacant and the National Legislature, being so reconstituted, shall complete its tenure to the next elections.

119. Establishment of the Constitutional Court

1. There shall be established in accordance with the provisions of this Constitution a Constitutional Court of nine Justices of proven competence, integrity, credibility and impartiality.
2. The Constitutional Court shall be independent and separate from the National Judiciary; the law shall determine the rules of procedure thereof.
3. Constitutional court term length
   Subject to Article 121 herein, the President and Justices of the Constitutional Court shall be appointed for a term of seven years, subject to renewal. Their emoluments shall be determined by law.
4. The Justices of the Constitutional Court shall perform their functions and apply the law without interference, fear or favour.

120. Appointment of the President of the Constitutional Court and Vacancy of Office

1. Constitutional court selection
   The President of the Constitutional Court shall be appointed by the President of the Republic with the consent of the First Vice President, from justices approved according to Article 121(1) herein. He shall be answerable to the Presidency.
2. The office of the President of the Constitutional Court shall fall vacant upon death, resignation or removal.
3. Constitutional court removal
   The President of the Constitutional Court shall not be removed from office except for incapacity or conduct incompatible with his status and only upon a decision by the President of the Republic approved by two-thirds of all representatives at the Council of States.

121. Justices of the Constitutional Court

1. Constitutional court selection
   All Justices of the Constitutional Court shall be appointed by the President of the Republic in accordance with Article 58 (2) (c) herein and upon the recommendation of the National Judicial Service Commission and subject to approval by a two-thirds majority of all the representatives at the Council of States.
2. Southern Sudan shall be adequately represented in the Constitutional Court.
3. Constitutional court removal
   A Justice of the Constitutional Court may only be removed upon an order of the President of the Republic on the recommendation of the President of the Constitutional Court and approved by a two-thirds majority of the representatives of the Council of States.

122. Competence and Jurisdiction of the Constitutional Court

1. The Constitutional Court shall be the custodian of this Constitution, the constitutions of southern Sudan and the states; its decisions shall be final and binding, it shall:-
   1. Constitutionality of legislation
      interpret constitutional or legal provisions at the instance of the President of the Republic, the National Government, the Government of Southern Sudan, any state government, the National Assembly or the Council of States,
   2. have original jurisdiction to decide disputes that arise under this Constitution and the Constitutions of Northern states at the instance of government, juridical entities or individuals,
   3. decide on appeals against the decisions of Southern Sudan Supreme Court on the Interim Constitution of Southern Sudan and the Constitutions of Southern Sudan states,
   4. protect human rights and fundamental freedoms,
   5. Constitutionality of legislation
      adjudicate on the constitutionality of laws or provisions in accordance with this Constitution, the Interim Constitution of Southern Sudan or the relevant state constitutions,
   6. adjudicate on constitutional disputes between levels and organs of government, in respect of areas of exclusive, concurrent or residual competence.
2. The Constitutional Court shall have criminal jurisdiction over the President of the Republic and the First Vice President in accordance with Article 60(2) herein, it shall also have criminal jurisdiction over the Vice President, the Speakers of the National Legislature and the Justices of the National Supreme Court and Southern Sudan Supreme Court.

123. The National Judicial Authority

1. The National judicial authority in the Republic of the Sudan shall be vested in the National Judiciary.
2. Judicial independence
   The National Judiciary shall be independent of the Legislature and the Executive, with the necessary financial and administrative independence.
3. The National Judiciary shall have judicial competence to adjudicate on disputes and render judgments in accordance with the law.
4. The Chief Justice of the Republic of the Sudan, who is the head of the National Judiciary and the President of the National Supreme Court, shall be answerable to the President of the Republic for the administration of the National Judiciary.
5. All organs and institutions of the State shall execute the judgments and orders of the courts.

124. The Structures of the National Judiciary

125. The National Supreme Court

1. The National Supreme Court shall:.
   1. be a court of cassation and review in respect of any criminal, civil matters arising out of, or under national laws, or personal matters,
   2. have criminal jurisdiction over the Justices of the Constitutional Court,
   3. review death sentences imposed by any court in respect to matters arising out of, or under national laws,
   4. have such other jurisdiction as determined by this Constitution and the law.
2. The Chief Justice of the Republic of the Sudan may establish panels for the purposes of considering and deciding on matters requiring special expertise, including commercial, personal or labour matters.

126. National Courts of Appeal

127. Other National Courts

128. Independence of Justices and Judges

1. All Justices and Judges shall be independent and shall perform their functions without influence.
2. Justices and Judges shall uphold the Constitution and the rule of law and shall administer justice diligently, impartially and without fear or favour.
3. Tenure of office of Justices and Judges shall not be affected by their judgements.

129. The National Judicial Service Commission

1. The President of the Republic, after consultation within the Presidency, shall establish a commission to be known as the National Judicial Service Commission to undertake the overall management of the National Judiciary; its composition and functions shall be prescribed by law.
2. The Chief Justice of the Republic of the Sudan, as the head of the National Judiciary, shall chair the National Judicial Service Commission.
3. The National Judicial Service Commission shall regulate the relations between judiciaries at the National, Southern Sudan and states level. In the case of Southern Sudan, the regulation shall be made in consultation with the President of the Supreme Court of Southern Sudan.

130. Appointment of Justices, Judges and their Terms and Conditions of Service

1. Having regard to competence, integrity and credibility, the Chief Justice of the Republic of the Sudan, his deputies, Justices and Judges shall be appointed by the President of the Republic in accordance with Article 58(2)(c) herein, where applicable, and upon the recommendation of the National Judicial Service Commission.
2. Supreme court term length, Supreme court term limits
   The law shall determine the terms of service, discipline and immunities of Justices and Judges.
3. Southern Sudan shall be adequately represented in the National Supreme Court and other national courts that are situated in the National Capital.

131. Discipline of Justices and Judges

1. Discipline of Justices and Judges shall be exercised by the Chief Justice in accordance with the law.
2. Supreme/ordinary court judge removal
   Justices and Judges may only be removed by an order of the President of the Republic for gross misconduct, incompetence and incapacity in accordance with the law and upon recommendation of the Chief Justice and with approval of the National Judicial Service Commission.

132. Appointment of Justices and Judges of Southern Sudan

135. The National Civil Service

1. The National Civil Service shall consist of all employees at the national level of government who shall impartially carry out the functions assigned to them according to law.
2. The law shall determine terms and conditions of service, duties and rights of employees of the National Civil Service.

136. Guidelines for Inclusiveness in the National Civil Service

137. The National Civil Service Commission

1. A National Civil Service Commission shall be established and shall be composed of persons of proven competence, experience, integrity and impartiality.
2. The National Civil Service Commission shall advise the national government in the formulation and execution of policies related to public service employment and employees.
3. The National Civil Service Commission shall address imbalances in the National Civil Service in order to create a sense of national belonging.

138. Interim Tasks of the National Civil Service Commission

139. National Employees Justice Chamber

1. There shall be established by law a National Employees Justice Chamber and shall be composed of chairperson and members of proven competence, experience, integrity and impartiality.
2. The National Employees Justice Chamber shall, without prejudice to the right of resorting to courts, be competent to consider and determine grievances by national public service employees.
3. The supervision over the Chamber and appointment of its chairperson shall be made by the President of the Republic.

144. Status of Forces

1. The Sudan Armed Forces and the Sudan People's Liberation Army shall remain separate, regular, professional and non-partisan armed forces and shall be treated equally as the Sudan National Armed Forces.
2. The mission of the Sudan National Armed Forces is to defend the sovereignty and secure the territorial integrity of the country and participate in its reconstruction and assist in addressing national disasters in accordance with this Constitution. The law shall stipulate the conditions in which the civil authority may resort to the engagement of the armed forces in missions of non-military nature.
3. The Sudan National Armed Forces and the Joint/Integrated Units shall defend the constitutional order, respect the rule of law, the civilian government, democracy, basic human rights and the will of the people; they shall undertake the responsibility of the defence of the country against external and internal threats in their respective areas of deployment and shall be involved in addressing constitutionally specified emergencies.
4. The military service, military courts and military legal services shall be regulated by law for the Sudan Armed Forces, the Sudan People's Liberation Army and the Joint/Integrated Units.

145. Joint/Integrated Units

1. There shall be formed Joint/Integrated Units consisting of equal numbers, from the Sudan Armed Forces and the Sudan People's Liberation Army. The Joint/Integrated Units shall constitute a nucleus of the post-referendum army of the Sudan, should the result of the referendum confirm unity; otherwise they would be dissolved and the component parts integrated into their respective forces.
2. Character, functions, size and deployment of the Joint/Integrated Units shall be governed by the Comprehensive Peace Agreement.

146. Command and Control of Joint/Integrated Units and Coordination between the Armed Forces

1. The Joint Defence Board, that shall be established in accordance with the Comprehensive Peace Agreement, shall assume command and control of the Joint/Integrated Units.
2. Coordination between the Sudan Armed Forces and the Sudan People's Liberation Army shall be the function of the Joint Defence Board.

147. The Permanent Ceasefire

1. The permanent ceasefire, provided for in the Comprehensive Peace Agreement, shall be fully enforced.
2. The permanent ceasefire shall be internationally monitored and fully respected by all Sudanese.

148. The Police

1. The Police is a regular service force whose mission is to maintain law and order; its service shall be open to all Sudanese to reflect the diversity and multiplicity of the Sudanese society; it shall discharge its duties with impartiality and integrity in compliance with the law and the nationally and internationally accepted standards.
2. The Police shall be decentralized in accordance with the Comprehensive Peace Agreement as follows:.
   1. The national level, the powers and functions of which shall be prescribed by law in accordance with this Constitution,
   2. The southern Sudan level, the powers and functions of which shall be prescribed by the Interim Constitution of Southern Sudan and the law,
   3. The state level, the powers and functions of which shall be prescribed by state constitution and the law[.]
3. The police at national, southern Sudan and state levels, shall co-ordinate, co-operate and assist each other in the discharge of their functions, and to that end, shall recommend, through their respective authorities to the Presidency the establishment of these necessary mechanisms.

149. Prisons and Wildlife Services

1. Pursuant to Article 11(2) of this Constitution, there shall be established at the National, Southern Sudan and state levels, wildlife protection service whose functions and terms and conditions of services shall be prescribed by law.

150. The National Security Council

1. There shall be at the national level a National Security Council, the composition and functions of which shall be determined by a National Security Act.
2. The National Security Council shall define the national security strategy based on the analysis of all threats to security of the Sudan.
3. There shall be established security committees at the Government of Southern Sudan and state levels; their composition and functions shall be prescribed by the National Security Act.

151. The National Security Service

1. There shall be established a National Security Service that shall be charged with the external and internal security of the country; its mission, mandate, functions, terms and conditions of service shall be prescribed by the National Security Act.
2. The National Security Service shall be representative of the people of the Sudan; Southern Sudan shall, in particular, be equitably represented therein.
3. The National Security Service shall be professional and its mandate shall focus on information gathering, analysis and advice to the appropriate authorities.
4. There shall be established National Security Service offices throughout the Sudan.
5. The National Security Service shall be under the supervision of the Presidency.

159. Organs of the Government of Southern Sudan

160. Interim Constitution of Southern Sudan

1. The Government of Southern Sudan shall function in accordance with the Interim Constitution of Southern Sudan, which shall be drafted by an inclusive Drafting Committee and adopted by a transitional Southern Sudan Assembly by a two-thirds majority of all members. The Interim Constitution of Southern Sudan shall conform to this Constitution.
2. The Southern Sudan Assembly may amend the Interim Constitution of Southern Sudan by a two-thirds majority vote of all members.

161. The Powers of the Government of Southern Sudan

162. Primary Responsibilities of the Government of Southern Sudan

163. The President of the Government of Southern Sudan

1. The President of the Government of Southern Sudan shall be elected directly by the people of southern Sudan, according to the Interim Constitution of Southern Sudan. Such elections shall be in accordance with the provisions set forth by the National Elections Commission.
2. The tenure of office of the President of the Government of Southern Sudan shall be five years commencing from the date of assumption of office; he may be re-elected for one additional term only.
3. Should the post of the President of the Government of Southern Sudan fall vacant, pending the elections within sixty days, and swearing in of the President elect, the functions of the President of the Government of Southern Sudan shall be assumed by the Vice President of the Government of Southern Sudan.

164. The Vice President of the Government of Southern Sudan

165. Southern Sudan Council of Ministers

1. There shall be established a Southern Sudan Council of Ministers to be appointed by the President of Government of Southern Sudan, in consultation with the Vice President and approved by Southern Sudan Assembly. The Government of Southern Sudan shall be established with due regard to the need for inclusiveness in recognition of ethnic, religious diversity and gender.
2. The President and Vice President of the Government of Southern Sudan shall be members of Southern Sudan Council of Ministers.

166. Accountability of Southern Sudan Council of Ministers

167. Special Obligations of the Government of Southern Sudan

168. Southern Sudan Independent Institutions and Commissions

1. The Government of Southern Sudan shall establish such independent institutions as provided for by the Comprehensive Peace Agreement, this Constitution and the Interim Constitution of Southern Sudan. It shall be empowered to establish such other commissions and institutions compatible with its powers as it deems necessary to promote the welfare of its people, good governance and justice.
2. Without prejudice to the generality of sub-Article (1) above, there shall be established at Southern Sudan level, a Southern Sudan Civil Service Commission, Public Grievances and Restitution Board and Employees Justice Chamber; their functions and terms of service shall be regulated by law.

169. Establishment of Southern Sudan Legislative Assembly

1. There shall be established the Southern Sudan Legislative Assembly in accordance with the Interim Constitution of Southern Sudan.
2. Transitional provisions
   Prior to elections, there shall be constituted, in accordance with Article 176(4) herein, a transitional Southern Sudan Legislative Assembly to adopt the Interim Constitution of Southern Sudan; it shall thereafter be reconstituted into the Southern Sudan Legislative Assembly.

170. Assignment of Powers to the Government of Southern Sudan

171. Powers of Southern Sudan Assembly

1. Apart from applicable national legislation on matters that fall within the sole authority of the National Government as set forth in Schedule (A), legislative authority in Southern Sudan shall be vested in Southern Sudan Legislative Assembly.
2. The Southern Sudan Legislative Assembly shall determine its rules of procedure, elect its Speaker, Deputy Speaker and other officers as shall be provided for by the Interim Constitution of Southern Sudan.

172. The Structure of the Judiciary of Southern Sudan

1. Judicial competence in southern Sudan shall be vested in an independent institution to be known as the Judiciary of Southern Sudan.
2. The Judiciary of southern Sudan shall be independent of the executive and the legislature.
3. The Judiciary of Southern Sudan shall be structured as follows:-
   1. The Supreme Court of Southern Sudan,
   2. Courts of Appeal,
   3. Other courts or tribunals as deemed necessary to be established in accordance with the Interim Constitution of Southern Sudan and the law.

173. The Supreme Court of Southern Sudan

1. The Interim Constitution of Southern Sudan shall provide for the establishment of the Supreme Court of Southern Sudan which shall be the highest judicial institution in Southern Sudan.
2. Appeals may be submitted from Southern Sudan courts, state courts or other courts to the Supreme Court of Southern Sudan on matters brought under or relating to national, Southern Sudan and state laws as may be determined by the Interim Constitution of Southern Sudan and the law.

174. Competences of the Supreme Court of Southern Sudan

175. Justices and Judges of Southern Sudan

1. Justices and Judges of Southern Sudan are independent and shall perform their functions without interference, administer justice and apply the law without fear or favour. The provisions of the Interim Constitution of Southern Sudan and the law shall protect their independence.
2. Southern Sudan Legislative Assembly shall provide for appointments, terms and conditions of service and dismissal of Southern Sudan appointed Justices and Judges.

176. Interim Provisions for Southern Sudan

185. Guiding Principles for Equitable Sharing of Resources and Common Wealth

1. Resources and common wealth of the Sudan shall be shared equitably to enable each level of government to discharge its legal and constitutional responsibilities and duties and to ensure that the quality of life, dignity and living conditions of all citizens are promoted without discrimination on grounds of gender, race, religion, political affiliation ethnicity, language or region.
2. The sharing and allocation of the resources and common wealth of the Sudan shall be based on the premise that all parts of the country are entitled to development.
3. Provisions for wealth redistribution
   The National Government shall fulfil its obligations to provide financial transfers to the Government of Southern Sudan, and shall, except as otherwise provided herein, apportion revenues equitably among other states[.]
4. The State recognizes that Southern Sudan, Southern Kordofan, Blue Nile, Abyei Area and other conflict affected areas face serious needs; they shall be enabled to perform basic government functions, establish civil administration, rehabilitate and reconstruct the social and physical infrastructure in a post-conflict Sudan.
5. There shall be established a National Reconstruction and Development Fund and a Southern Sudan Reconstruction and Development Fund to bring up Southern Sudan, other conflict affected areas and the least developed areas to the national average level of socio-economic and public services standards.
6. Revenue sharing shall reflect a commitment to devolution of powers and decentralisation of decision-making in regard to development, service delivery and governance.
7. The development of infrastructure, human resources, sustainable economic growth and the capacity to meet human needs shall be conducted within a framework of transparent and accountable governance.
8. The best known practices in the sustainable utilization and management of natural resources shall be adopted by the State.
9. This Constitution sets out the various types of income, revenue, taxes and other sources of wealth to which the respective levels of government are entitled.
10. All taxes and duties set out in this Constitution shall be regulated by law to ensure coordination, fairness, equity, transparency and to avoid excessive tax burden on the citizens, private sector and investors.
11. No level of government shall withhold any allocation or financial transfers due to any other level of government. In case of dispute, any level of government, after attempting amicable solution, may initiate proceedings in the Constitutional Court and before Southern Sudan Supreme Court in the case of governments in Southern Sudan.

186. Land Regulation

1. The regulation of land tenure, usage and exercise of rights thereon shall be a concurrent competence, exercised at the appropriate level of government.
2. Rights in land owned by the Government of the Sudan shall be exercised through the appropriate or designated level of Government.
3. All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary laws, practices, local heritage and international trends and practices.

187. National Land Commission

1. Without prejudice to the jurisdiction of the courts, there shall be established a National Land Commission that shall have the following functions:-
   1. arbitrate between willing contending parties on claims over land,
   2. entertain claims, at its discretion, in respect of land, be they against the relevant government or other parties interested in the land. The parties to the arbitration shall be bound by the decision of the Commission on the basis of mutual consent and upon registration of the award in a court of law,
   3. enforce the law applicable to the locality where the land is situated or such other law as the parties to the arbitration agree, including principles of equity,
   4. accept references on request from the relevant government or in the process of resolving claims, make recommendations to the appropriate level of government concerning land reform policies and recognition of customary rights or customary land law,
   5. assess appropriate land compensation including but not limited to monetary compensation, for applicants in the course of arbitration or in the course of a reference from a court,
   6. advise different levels of government on how to co-ordinate policies on national projects affecting land or land rights,
   7. study and record land use practices in areas where natural resource development occurs,
   8. conduct hearings and formulate its own rules of procedure[.]
2. The National Land Commission shall be independent and representative of all levels of government.
3. Membership, appointment, terms and conditions of service of the National Land Commission shall regulated by law. The Chairperson of the National Land Commission shall be appointed by the President of the Republic with the consent of the First Vice President.
4. The National Land Commission shall be accountable to the Presidency which shall approve the budget of the Commission.

188. Southern Sudan Land Commission

189. Cooperation between National and Southern Sudan Land Commissions

1. The National Land Commission and Southern Sudan Land Commission shall cooperate and co-ordinate their activities so as to use their resources efficiently.
2. The National Land Commission and the Southern Sudan Land Commission shall agree:-
   1. to exchange information and decisions of each other,
   2. on how to resolve conflict between their findings or recommendations.
3. The Southern Sudan Land Commission may carry out certain functions of the National Land Commission, including collection of data and research.
4. In the case of conflict between the findings or recommendations of the National Land Commission and Southern Sudan Land Commission which cannot be resolved or reconciled by agreement pursuant to sub-Article (2)(b) above, the matter shall be referred to the Constitutional Court.

190. The Framework for Petroleum Management

191. National Petroleum Commission

1. An independent National Petroleum Commission shall be established and its decision shall be by consensus.
2. The National Petroleum Commission shall be constituted as follows:-
   1. the President of the Republic and President of Government of Southern Sudan as co-chairs,
   2. four permanent members representing the National Government,
   3. four permanent members representing the Government of Southern Sudan,
   4. not more than three non-permanent members representing oil producing state or states in which petroleum development is being considered.
3. The National Petroleum Commission shall have the following functions:-
   1. formulate public policies and guidelines in relation to the development and management of the petroleum sector,
   2. monitor and assess the implementation of the policies mentioned in (a) above to ensure that they work in the best interests of the people of Sudan,
   3. develop strategies and programs for the petroleum sector,
   4. negotiate and approve all oil contracts for the exploration and development of oil in the Sudan, and ensure that they are consistent with its principles, policies and guidelines,
   5. develop its internal regulations and procedures.
4. In performing the functions referred to in sub-Article (3) above, the National Petroleum Commission shall take into account relevant considerations, including the following:-
   1. the extent to which the contract provides benefits to local communities affected by the development,
   2. the extent to which the views of the state and the affected groups are incorporated in the proposed contracts,
   3. if the National Petroleum Commission decides to approve the contract, persons holding rights in land who are aggrieved by the decision shall seek relief through arbitration or in a court of law,
   4. if the non-permanent members of the National Petroleum Commission representing the oil producing state or states collectively disagree with the decision of the National Petroleum Commission to approve the contract related to their state/states, the National Minister in charge of petroleum shall not sign the contract and shall refer the matter to the Council of States. If the Council of States rejects the objection by two-thirds majority, the National Minister in charge of petroleum shall sign the contract. If the Council of States does not reject the objection by two-thirds majority within twenty-four (24) sitting days of receiving it, the Council of States shall remit the objection within that period to a mechanism established by it with two-thirds majority to arbitrate on the objection. The arbitration decision shall be made within six calendar months of referral to arbitration. The arbitration decision shall be final and binding,
   5. if the National Petroleum Commission approves the contract, the National Minister responsible of Petroleum shall sign the contract on behalf of the Government of the Sudan,
   6. in performing functions (a), (b) and (c) of sub-Article (3) above, the National Petroleum Commission shall include only its permanent members,
   7. in performing function (d) of sub-Article (3) above, the National Petroleum Commission shall include, in addition to its permanent members, representatives of oil producing state or states in which contracts for the exploration and development of the petroleum are being negotiated and considered for approval.

192. Sharing Oil Revenue

1. The framework for sharing wealth from the extraction of natural resources, emanating from Southern Sudan shall balance the needs for national development and reconstruction of Southern Sudan.
2. Net revenue from oil shall be the sum of the net revenue:-
   1. from exports of government oil, and
   2. from deliveries of government oil to the local refineries.
3. Exports shall be valued at the actual Free on Board export prices less the charges to deliver the oil to any export destination including pipeline and management charges. Oil delivered to the local refinery shall be valued at the average Free on Board export prices during the last calendar month in which there was an export sale less the charges that would have been incurred to deliver the oil to any export destination including pipeline and management charges.
4. An Oil Revenue Stabilization Account shall be established from government oil net revenue derived from actual export sales above an agreed benchmark price. The benchmark price will be established annually as part of the national budget.
5. At least two percent of oil revenue shall be allocated to the oil producing states in proportion to output produced in the state, without prejudice to the special arrangements of Abyei Area.
6. After the payment to the Oil Revenue Stabilization Account and to the oil producing states, fifty percent of net oil revenue derived from oil producing wells in Southern Sudan shall be allocated to the Government of Southern Sudan as of the beginning of the pre interim period and the remaining fifty percent to the National Government and states in Northern Sudan.
7. A Future Generation Fund shall be established once national oil production reaches one million barrels per day.
8. All funds and special accounts referred to in this Constitution and future accounts shall be on-budget operations in accordance with the public budget.

193. Sources of National Revenue

194. Sources of Southern Sudan Revenue

195. Sources of States Revenue

196. Southern Sudan Non-oil Revenue Allocation

1. Notwithstanding the provisions of Articles 192, 193 and 194 herein, the National Government shall allocate fifty percent of the national non-oil revenue collected in Southern Sudan, as provided for under Article 193 above, to the Government of Southern Sudan to partially meet the development costs during the interim period. This arrangement shall be reviewed, during the mid-term review, with the view to National Government allocating additional resources to the Government of Southern Sudan if need arises.
2. The Government of Southern Sudan and states shall retain and dispose of such other income raised and collected under their own taxing powers.

197. National Revenue Fund

1. All revenues collected nationally for or by the National Government shall be pooled in a National Revenue Fund administered by the National Treasury. Such Fund shall embrace all accounts and sub-funds, into which monies due to the Government are collected, reported or deposited.
2. All the revenues and expenditures of the Government shall be on-budget operations and made public.

198. Fiscal and Financial Allocation and Monitoring Commission

1. A Fiscal and Financial Allocation and Monitoring Commission shall be established, to ensure transparency and fairness both in regard to the allocation of nationally collected funds to the Government of Southern Sudan and the states.
2. The Fiscal and Financial Allocation and Monitoring Commission shall undertake the following duties and responsibilities:-
   1. monitor and ensure that equalization grants from the National Revenue Fund are promptly transferred to respective levels of government,
   2. guarantee appropriate utilization and sharing of financial resources,
   3. ensure that revenues allocated to conflict affected areas are transferred in accordance with agreed formulae,
   4. safeguard transparency and fairness in the allocation of funds to the Government of Southern Sudan and the states according to established ratios or percentages stipulated in this Constitution.
3. The Fiscal and Financial Allocation and Monitoring Commission shall be composed of representatives from the National Government and the Government of Southern Sudan and the states as follows:-
   1. three representatives of the national government,
   2. three representatives of Government of Southern Sudan,
   3. all finance ministers in all states of the Sudan.
4. The Chairperson of the Fiscal and Financial Allocation and Monitoring Commission shall be appointed by the President of the Republic with the consent of the First Vice President.
5. The Fiscal and Financial Allocation and Monitoring Commission shall set its rules and procedures, which shall be approved by the Presidency.
6. The Fiscal and Financial Allocation and Monitoring Commission shall quarterly report to the Presidency about its analysis and findings, confirming that nationally collected funds are allocated according to sub-Article (2) above, without prejudice to Article 185(10) of this Constitution, the Presidency shall take appropriate remedial action in case of failure by the National Treasury to discharge any of the functions stipulated in that Article.

199. National Reconstruction and Development Fund

200. Southern Sudan Reconstruction and Development Fund

1. There shall be established a Southern Sudan Reconstruction and Development Fund to solicit, raise and collect funds from domestic and international donors and disburse such funds for the reconstruction, rehabilitation and construction of the infrastructure of Southern Sudan, for the resettlement and reintegration of internally and externally displaced persons, and to address past imbalances in regional development and infrastructure.
2. A monitoring and evaluation system shall be established to ensure accountability, transparency, efficiency, equity and fairness in the utilization of resources.
3. The Government of Southern Sudan shall be responsible for expenditure from the fund and shall be entitled to raise additional funds by way of donation from foreign States, multilateral organizations or other bodies for the purposes of the reconstruction and development of Southern Sudan states. The Fund shall be transparently administered and professionally managed subject to an oversight by Southern Sudan Assembly and a committee appointed by the Government of Southern Sudan but having on it a representative of the National Ministry of Finance and of the National Audit Chamber.

201. The Dual Banking System

1. The Central Bank of Sudan shall be responsible for the formulation and conduct of monetary policy. All banking institutions shall be subject to rules and regulations set by the Central Bank of Sudan.
2. A dual banking system shall be established, and shall consist of an Islamic banking system that shall operate in Northern Sudan and a conventional banking system to operate in southern Sudan.
3. There shall be established the Bank of Southern Sudan as a branch of the Central Bank of Sudan to provide, inter alia, conventional banking services.

202. Restructuring and Management of the Central Bank of Sudan

1. The Central Bank of Sudan shall be restructured so as to reflect the duality of the banking system in the Sudan. The Central Bank of Sudan shall use and develop two sets of banking instruments, one Islamic and the other Conventional, to regulate and supervise the implementation of a single monetary policy through:-
   1. an Islamic financing window in Northern Sudan under a Deputy Governor of the Central Bank of Sudan using Islamic financing instruments to implement the national monetary policy in Northern Sudan, and
   2. the Bank of Southern Sudan, headed by a Deputy Governor of the Central Bank of Sudan, to manage the conventional window using conventional financing instruments in implementing the same national monetary policy in Southern Sudan.
2. The primary responsibility and mandate of the Central Bank of Sudan shall be ensuring price stability, maintaining stable exchange rate, sound banking system and issuance of currency. The monetary policy shall rely primarily on market-based instruments instead of administrative allocation of credit.
3. The Central Bank of Sudan shall be fully independent in its pursuit of monetary policy.
4. There shall be established an independent Board of Directors for the Central Bank of Sudan, which shall be responsible to the Presidency. It shall consist of nine members as follows:-
   1. Governor of the Central Bank of Sudan, Chairperson,
   2. two Deputies, and
   3. six highly qualified Sudanese to be appointed by the President of the Republic in accordance with Article 58(2)(c) herein.
5. Decisions of Board of Directors on matters that may affect adversely the interests of the clientele of either banking window shall be by consensus.
6. The Governor of the Central Bank of Sudan and his two Deputies shall be appointed by the President of the Republic in accordance with Article 58(2)(c) herein. The Governor of the Central Bank of Sudan shall appoint, in consultation with the Board of Directors and his two Deputies, other senior officers within the Central Bank of Sudan.
7. The Bank of Southern Sudan shall be responsible for chartering and supervising financial institutions in southern Sudan.
8. All financial institutions shall be subject to internationally recognized regulatory and prudential standards for Islamic and conventional finance, as set by the Central Bank of Sudan.
9. All financial institutions shall be bound to implement monetary policies set by the Central Bank of Sudan.

203. Government Borrowing

1. The Government of Southern Sudan and the states may borrow money. Neither the National Government nor the Central Bank of Sudan shall be required or expected to guarantee borrowing by sub-national levels of government.
2. The Government of Southern Sudan and all sub-national levels of government shall report financial and fiscal data to the relevant National Government bodies for statistical purposes.
3. The Government of Southern Sudan and the states may borrow money from foreign sources based on their respective credit worthiness.
4. Foreign borrowing by all sub-national levels of government shall be in a manner that does not undermine national macroeconomic policies and shall be consistent with the objective of maintaining external financial viability. All foreign borrowing transactions of sub-national levels of government shall conform to the Central Bank of Sudan specifications.

204. Accounting Procedures, Standards and Fiscal Accountability

1. All levels of government shall comply with generally accepted accounting procedures, standards and fiscal accountability to ensure that public funds are allocated and expended according to the budget of such level of government.
2. All levels of government shall hold all incomes and revenues received in public accounts and subject to public scrutiny and accountability.
3. The accounting procedures, standards and fiscal accountability shall be regulated by law.

205. National and Southern Sudan Audit Chambers

1. There shall be established an independent National and an independent Southern Sudan Audit Chambers.
2. The National Audit Chamber shall set auditing standards for the whole country and supervise the financial performance of the national government, including revenue collection and expenditure, in accordance with the budgets approved by the national and state legislatures.
3. The President of the Republic, with the approval of a two-thirds majority of the National Assembly shall appoint the National Auditor General, who shall head the National Audit Chamber and shall take oath before the President of the Republic. The National Auditor General shall not be removed except in the same manner in which he is appointed.
4. The National Audit Chamber shall assume auditing of the accounts of the National Executive, the National Legislature, the National Judiciary and the accounts of northern states, public institutions, corporations, companies and any other institutions as may be determined by law.
5. The Auditor General shall present an annual report to the President of the Republic and the National Assembly.
6. The National Auditor General shall be prohibited from engaging in all businesses in which constitutional office holders are not allowed to engage in pursuant to Article 75 of this Constitution.
7. The Southern Sudan Auditor Chamber shall be established according to the Southern Sudan Interim Constitution.
8. The law shall organize the National and Southern Sudan Audit Chambers and shall specify the functions, terms and conditions of service of their employees.

206. Interstate Commerce

1. Free interstate commerce is guaranteed by this Constitution. No legislation shall impede interstate commerce, the flow of goods and services, capital or labour between the states.
2. There shall be no levies or fees or any other charges on interstate trade.

207. New Currency

1. The Central Bank of Sudan shall issue a new currency, the design of which shall reflect the cultural diversity of the Sudan.
2. Until a new currency is issued on the recommendation of the Central Bank of Sudan, the circulating currencies in Southern Sudan shall be recognised.

208. Existing Oil Contracts

1. The Sudan People's Liberation Movement representatives appointed to have access to all existing oil contracts, shall finish their functions and duties which are prescribed by the Comprehensive Peace Agreement as soon as practicable.
2. The term "existing oil contracts" means contracts signed before the date of signature of the Comprehensive Peace Agreement.
3. The existing oil contracts shall not be subject to re-negotiation.
4. If existing oil contracts are deemed to have caused fundamental social consequences and environmental problems the National Government shall implement necessary remedial measures.
5. Persons whose rights have been violated by existing oil contracts shall be entitled to compensation. Upon establishment of these violations through due legal process, the parties to the oil contracts shall be liable to compensate the affected persons to the extent of the damage caused.

209. Government Liabilities and Assets

1. Any debt or liability incurred by any level of government shall be the responsibility of that level of government.
2. There shall be a fair and equitable division of government assets. An asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related. In the event of a dispute, such dispute shall be referred to a committee comprising a representative of each of the parties involved in the dispute and a mutually agreed expert. The decision of the committee shall be final and binding.

214. The Population Census Council

1. There shall be established by the President of the Republic, after consultation within the Presidency, a Population Census Council.
2. The Population Census Council shall:-
   1. plan for the population census,
   2. set standards and criteria for the Central Bureau of Statistics,
   3. follow-up on the preparations leading to the population census and oversee the actual census operation,
   4. report to the Presidency regarding the Population Census.

215. Population Census

1. A population census throughout the Sudan shall be conducted and completed by the end of the second year of the Interim Period.
2. The Census shall be conducted by the Central Bureau of Statistics and the Southern Sudan Centre for Statistics and Evaluation.

216. Time of Elections

217. Referendum

1. The President of the Republic or the National Assembly, by resolution passed by more than half of the members, may refer to referendum any matter of national or public interest.
2. The National Elections Commission shall conduct the referendum for all the electorate; the subject submitted to referendum would achieve the confidence of the people by obtaining more than half of the number of votes cast.
3. Any resolution which has achieved the consent of the people by referendum shall have authority above any other legislation. It shall not be annulled save by another referendum.

218. Condition for Contesting Election