The Sudanese Bill of Rights

Abstract

In January 2005, a Comprehensive Peace Agreement (CPA) brought one of the longest conflicts in Africa – the so-called Sudan north–south conflict – to an end. The CPA seeks to resolve the root causes of Sudan's conflict by providing a six-year temporary solution aimed at laying the foundation for a country that is based on pluralistic democracy and rule of law by granting Southern Sudan autonomous status and fixing a timetable on the question of the right of self-determination for the people of Southern Sudan. It establishes a dual legal system (a Sharia system in the north and a secular system in the south) and a comprehensive Bill of Rights to be enshrined in the National Interim Constitution (INC). This paper examines how the Bill of Rights addresses the root causes of the Sudan conflict. The Bill of Rights is only 3 years old; it is too early to present an analysis and evaluation based on actual practice. This paper attempts to offer textual analysis; that is, what the law says should happen if the provisions of the Bill of Rights are to work properly; and it attempts to provide a background to the Sudanese Bill of Rights. The contents of the Bill of Rights is reviewed briefly. How the Bill of Rights addresses the underlying causes of the Sudan conflict is considered by looking at the religious rights, ethnic and cultural diversity and the right to self-determination of the people of south Sudan. The application of the Bill of Rights and the way it protects fundamental rights and freedoms is examined by focusing on the constitutional review of the legislative and executive actions of the State. The interpretation of the Bill of Rights and the problems regarding its interpretation are considered. The paper then examines the limitations clause of the Bill of Rights, and concludes by reflecting on the preceding sections.