In a historic move, Sudanese forces officially signed the “Transitional Constitution of the Republic of Sudan” paving the way for the formation of a civilian government, coalition member said on Tuesday.
“The constitutional document was signed in Nairobi last night by all parties involved in the signing of the founding charter,” Ahmed Tuqud Lisan, a member of the preparatory committee of the Sudan Founding Alliance told media.
This marks the beginning of a new phase toward the formation of a government that seeks to challenge General al-Burhan’s forces’ (SAF) hold on power.
For nearly two years, the RSF and the SAF have been in a devastating war that has uprooted more than 12 million people and caused what the United Nations calls the world’s worst hunger and displacement crises.
Last week, the RSF and its alliance of political and military partners signed a charter vowing to establish a “government of peace and unity” in rebel-controlled areas of Sudan.
The “transitional constitution” signed on Monday documents the “tasks of the transitional period, the decentralised governing system and the structures of the executive authority,” Lisan said.
The next step would be to form the government, which will “be announced inside Sudan”, he added.
The move comes at a critical juncture in Sudan’s history, as Founding Coalition forces aim to achieve political stability and strengthen democracy in the country.
The signatories to the constitution include various factions from the Sudanese Founding Alliance, notably the Rapid Support Forces (RSF), the Sudan People’s Liberation Movement (SPLM) led by Abdelaziz al-Hilu, along with the Revolutionary Front, political parties, and civil society organizations.
The transitional constitution calls for the annulment of the 2019 transitional constitutional document, along with all previous laws and decrees. It emphasizes Sudan’s commitment to being a secular, democratic, and decentralized state.
The document also stresses the importance of Sudanese identity, the separation of religion from the state, and guarantees equal rights and duties for all citizens.
The transitional period will unfold in two phases: the first being the pre-transitional phase, which begins with the constitution’s enactment and continues until the official end of conflicts. The second phase is the transitional phase, which will last for ten years.
The constitution outlines key responsibilities for the upcoming transitional government, including ending the wars, establishing just and lasting peace, and creating an environment conducive to a comprehensive political process aimed at ensuring security, stability, justice, and development.
The document sets out three levels of governance—federal, regional, and local—with each region granted the authority to select an appropriate name for its local governance. These regions include Khartoum, the East, the North, Darfur, the Central, Kordofan, South Kordofan/Nuba Mountains, and New Funj. Each region is required to have a constitution reflecting its particularities, without conflicting with the national framework outlined in the constitution.
Structures of Power
The constitution stipulates that the power structures will consist of a Constituent Legislative Assembly, an independent authority made up of the Regional and the People’s Councils. The Regional Council will comprise 24 members, while the People’s Council will have 177 members.
The assembly is required to fairly represent Sudan’s population, with at least 40% of the members being women, as mandated by the constitution.
The transitional government will also establish a Presidential Council, which will serve as the sovereign body of the Republic of Sudan, symbolizing its voluntary unity. The council will consist of 15 members, chosen by the Sudanese Foundational Alliance, including regional governors based on their positions, representing their regions.
The Presidential Council will be responsible for appointing and dismissing the Prime Minister, approving ministerial appointments, and appointing a temporary judicial council composed of skilled and honest legal experts. It will also appoint the Chief Justice, Deputy Chief Justices, members of the Constitutional Court, the Attorney General, and the Auditor General.
The appointment of Sudanese ambassadors abroad and the approval of foreign ambassadors will require the recommendation of the Cabinet, while war declarations will be made by the Cabinet following the Constituent Legislative Assembly’s approval.
The constitution specifies that the Cabinet will be formed without quotas between political parties, with ministers chosen for their qualifications and commitment to the constitution and the Sudanese Charter.
The signatories of the Sudanese Charter will consult among themselves to select the Prime Minister, who will then appoint up to 16 ministers within 30 days of their appointment.
National Armed Forces
Regarding Sudan’s security apparatus, the constitution directs the transitional government to take necessary steps to create a unified, professional, and national army with a new military doctrine.
The military’s primary role will be to protect Sudan’s sovereignty, its territorial integrity, and the democratic, secular system, ensuring respect for human rights and basic freedoms, while refraining from political or economic involvement.
The constitution also calls for the establishment of a police force that represents all Sudanese regions fairly and impartially, independent of any ideological, party, regional, or tribal affiliations. This force will uphold citizens’ rights, maintain the rule of law, and operate with integrity, transparency, and justice.
An independent, professional security and intelligence service will also be established, focusing solely on gathering and analyzing information for internal and external security, while maintaining the democratic system, human rights, and the rule of law, all with transparency and accountability.
The constitution includes provisions for the Rapid Support Forces, the SPLM, and other armed groups that signed the foundational charter to form the basis of the new national army.
The dissolution of militias linked to the banned National Congress Party and the Islamic Movement (Sudanese Muslim Brotherhood), along with all other militias allied with SAF, will take effect from the date of the constitution’s adoption.
