Sovereignty of the Constitutional Document

Professor Mekki El Shibly
February 2025

📌 The Constitutional Document signed between the Forces of Freedom and Change (FFC) and the Transitional Military Council (TMC) in August 2019 remains the exclusive legitimacy and sole constitutional reference for its emergence from the legitimacy of the December 2018 revolution. It can only be overturned by a constitution that emerges from an electoral reference, after fulfilling all the tasks assigned to the transitional period specified by the Constitutional Document (Article 8).
📌 The Constitutional Document did not include an explicit text specifying the date of its expiration, other than the date of completion of the state agencies’ implementation of the sixteen tasks of the transitional period stipulated in the Document (Article 8), followed by holding elections that complete the democratic civil transformation and grant legitimacy to the entities exclusively qualified to revoke the Constitutional Document.
📌 The Constitutional Document may not be annulled or amended except by a two-thirds majority of the members of the Legislative Council (Article 78).
📌 The Legislative Council may only be formed by the FFC and the TMC, as stated in the Constitutional Document (Article 24).
📌 The exclusive path to constitutional transition requires creating conditions that enable the two parties signing the Constitutional Document to agree to amend it through dialogue.
📌 Any attempt by the two warring parties to gain constitutional legitimacy through a coup or war will be met with local, regional and international rejection, and will exacerbate the suffering of the Sudanese people.