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Constitutional Reform: Sudan Comprehensive Peace Agreement

Implementations

Constitutional Reform – 2005

On 23 April 2005, the National Constitutional Review Commission (NCRC) was formed. The NCRC had 60 members. The National Congress Party and the SPLM had insisted “on applying general power-sharing quotas agreed upon in the January deal, which give them 52 percent and 28 percent of the seats, respectively, leaving other parties a paltry 20 percent and no power to block decisions.”¹ A few opposition parties were said not to take part in the constitution drafting process. Nevertheless, drafting of the interim constitution moved quickly upon the arrival of SPLM political advisors in Khartoum.² The commission started its work on 30 April and was expected to complete its task within six weeks. The Sudanese opposition block, the National Democratic Alliance (NDA), after signing a landmark agreement with Khartoum in Cairo in June 2005 also joined the constitution drafting process. It nominated 27 members to participate in the NCRC.³ The draft interim constitution was adopted by the National Assembly and the SPLM National Liberation Council on 6 July 2005. The constitution came into effect on 9 July 2005.⁴

The drafting of the Interim Constitution of Southern Sudan started separately. The 40-member Southern Sudan Constitution Drafting Committee (SSCDC) — representing SPLM (28 members), NCP (six members) and other Southern political parties (six members) – was set up to draft Interim Constitution of Southern Sudan. The draft constitution was prepared by the 14 member SPLM technical committee. The Committee submitted its draft to First vice President Salva Kiir. On 17 September 2005, the Minister of Justice formed a committee which examined the compatibility of the draft constitution with the Interim National Constitution (INC). By the end of October, the draft constitution was approved by the Transitional Southern Sudan Legislative Assembly. After the National Ministry of Justice verified the ICSSÕ compatibility with the INC on 24 November 2005, the ICSS was signed into law on 5 December 2005.⁵

“Sudan Sets up Constitution Committee,” Agence France Presse, April 23, 2005.
“Sudan People’s Liberation Movement political advisor arrives in Khartoum,” BBC Monitoring Middle East, April 29, 2005.
“Sudan opposition bloc to join constitution drafting process,” Agence France Presse, June 21, 2005.
“The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, March 2006.
Ibid.

Constitutional Reform – 2006

Constitution reform took place in 2005 with promulgation of the Interim National Constitution in Sudan and the Interim Constitution of Southern Sudan. No further developments reported.