The Sudanese scene has witnessed an escalation of events since Monday morning, culminating in the army declaring a state of emergency in the country, dissolving the Sovereignty Councils and the transitional ministers, and suspending some provisions of the constitutional document signed between the military and civilians that govern the current transitional period.

The constitutional document is an agreement reached on July 5, 2019 after the African-Ethiopian mediation between the Transitional Military Council and the Forces of Freedom and Change.

On July 17, 2019, the first document of the agreement was signed, while the signing of the constitutional document was delayed until August 4, 2019.

On August 17, 2019, an official signing ceremony was held in the presence of heads of state and government and dignitaries from several countries.

The signing of the document, the text of which we publish in the link below, was witnessed by the Prime Ministers of Egypt and the President of the European Commission. The agreement was signed by Ahmed Rabie from the "Forces of Freedom and Change", and Mohamed Hamdan Dagalo from the Transitional Military Council.

The Constitutional Document for the Transitional Period in Sudan

On November 3, 2020, the Sudanese Ministry of Justice published, in the Official Gazette, the constitutional document governing the transitional period, after making amendments to some of its articles.

The Sovereignty Council and the Ministers of Sudan approved the amended document during a joint meeting on October 12, 2020.

Among the most prominent amendments in the document, which was published under the title “Constitutional Document for the Transitional Period (Amendment) for the year 2020, No. 1908 of November 2, 2020”, is the formation of a new council in the country under the name “Council of Partners for the Transitional Period”, which is specialized in adjudicating the differences that may arise. It arises between different political parties.

council of state

The Transitional Sovereignty Council consists, according to the new amendments, of 14 members, the Military Council will name 5 of them, provided that the Forces of the Declaration of Freedom and Change choose 5 civilian members, and they jointly nominate one civilian member, and the parties to the peace process that signed the Juba Peace Agreement in Sudan choose 3 members. The parties that made the selection have the right to appoint and replace their representatives.

Council of Ministers

The amendments to the constitutional document affected the Sudanese Council of Ministers, which now consists of a president of the council, and a number of ministers of national competencies who are chosen in consultation, and appointed by the prime minister from a list of candidates for the Declaration of Freedom and Change Forces, and the parties to the peace process that signed the Juba Agreement.

The signatories to the Juba Agreement for Peace in Sudan choose 25% of the ministers, and the Sovereignty Council approves all members of the Council of Ministers, including the holders of the "defense" and "interior" portfolios, who are nominated by the military component of the Sovereignty Council.

The amendments included “the start of calculating the transitional period in Sudan”, and there was no change in its duration, which was set in the document by 39 months, but the “date” of its beginning was modified, to become from “the date of signing the Juba Agreement for Peace of Sudan,” i.e. on October 3 The first is 2020 (more than a year after the document was launched).

Partners Council

The new amendment included the establishment of the "Council of Partners for the Transitional Period" in which the parties to the political agreement in the constitutional document, the prime minister, and the parties to the peace process that signed the Juba Agreement for Sudan Peace are represented.

The task of the new council is to resolve differences and differences in viewpoints between the different parties, serve Sudan's higher interests, and ensure the success of the transitional period.

The amendments also stipulated in one of their paragraphs the adoption of "federalism", instead of "decentralization" for the rule of Sudan, and added that "the establishment of the regions and their structures should take place after the convening of the conference of the system of government."

Integration of the Juba Agreement

The constitutional amendments recognized the Juba Peace Agreement for Sudan, signed on October 3, 2020, between the transitional government of Sudan and the parties to the peace process as an "integral part of it."

She said that in the event of a conflict between them, the solution would be "in accordance with the provisions of the Juba Agreement for the Peace of Sudan."

On October 3, 2020, the transitional government signed a peace agreement with several armed movements in Sudan to end years of armed conflicts.

The head of the Sudanese Sovereign Council, Abdel Fattah Al-Burhan, suspended the work of seven articles of the constitutional document approved in 2019, against the background of a “military coup” led by the army on Monday 25/10 against the government of Prime Minister Abdalla Hamdok.

Items suspended in the constitutional document

Al-Burhan announced in an official statement, "The suspension of Articles 11, 12, 15, 16, 24-3, 71 and 72 of the Constitutional Document, in full compliance with international agreements and covenants signed during the transitional government."

Articles 11 and 12 relate to the formation of the Transitional Sovereignty Council, its competencies and powers, and Articles 15 and 16 to the formation of the Transitional Council of Ministers, its competencies and powers.

As for Article 24-3, it relates to the formation of the Transitional Legislative Council, and it specifically says that it consists of 67% of those chosen by the forces of the Declaration of Freedom and Change, and 33% of the other forces that are not signatories to the Declaration.

As for Article 71, it states that the constitutional document derives its provisions from the political agreement for the structures of government in the transitional period signed between the Transitional Military Council and the Forces of the Declaration of Freedom and Change.

And Article 72 says that the Transitional Military Council is dissolved by taking the constitutional oath by the members of the Sovereignty Council.