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A Proposal for a New Constitutional Framework

Dr. Elshafie Khidir Saeid

In my opinion, an accepted & welcomed initiative to resolve the current Sudanese crisis should be based on two pillars:

A) A new constitutional procedure according to which the constitutional document of 2019 will be amended or canceled, and replaced with a new one to govern the remaining term of the transitional period, which I suggest to be extended to another twenty-four months from the date of signing the new constitutional document.

B) To abandon the civil-military partnership that has been in place since 2019, but proven to be a big failure, and to abolish the so-called “the military component” formula, so the military shouldn’t assume any leadership role in the political institutions that run the transitional period, the Sovereignty Council and the Council of Ministers. However, this does not mean excluding and depriving the military institution of exercising its national role towards the country and in managing the country’s issues.

The modern political history of Sudan tells us that the Sudanese military institution has been playing, from its independent professional position, an appreciable and remarkable role in siding with the interests of the people and the country, despite the cracks and distortions that occurred in this role when it became involved in direct political action under the impetus of these or that political forces. As for the transitional period that the country is going through today, which is truly an exceptional period for known reasons, we believe that the military institution has an essential role to play, but not through the political institutions, the Sovereignty Council or the Cabinet, but the Council of Defense and National Security.

We propose six institutions to manage the transitional period:

  1. The Head of State, as a symbol of the national sovereignty, and consists of five independent leading figures.
  2. The Transitional Legislative Council, whose formation is supervised by the judiciary, and its members are the resistance committees, political forces, civil society, and Juba peace signatories.
  3. The Council of Ministers as the highest executive political authority in the country, with the same powers specified in the 2019 Constitutional Document, in addition to the political and executive powers of the Sovereignty Council stipulated in that document. The PM and the ministers are to be selected from the independent competencies, through a wide consultation involving the parties, civil society, and the military.
  4. The National Defense and Security Council is the highest body coordinating the security and military policies in the country. It assumes the powers of the Sovereignty Council on national security tasks as stipulated in the constitutional document of 2019, in addition to several other related tasks, such as: issuing the security and defense policy directives and following their implementation, planning for developing and modernizing the armed forces, coordinating with the Cabinet regarding the foreign policy and the approval of treaties and agreements related to national security, the implementation of the security and military arrangements in the Juba Peace Agreement.

As for its composition, we suggest:

  • Prime Minister
  • Commander in Chief of the Armed Forces
  • Commander of the Rapid Support Forces
  • Chief of the General Staff
  • Ministers of Foreign Affairs, Finance, Justice, Interior, and Defense
  • Director of the General Intelligence Service
  • Director of the police forces
  • The leaders of the armed movements(signatories to the Juba Peace Agreement)

5. The Judicial bodies: the High Judicial Council, the Constitutional Court, and the Public Prosecution Council.

6. The national commissions, with priority given to the formation of the Constitution, Peace, Legal Reform, Transitional Justice, Electoral, and the Anti-Corruption Commissions.

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