POLITICAL ISSUES

2. Constitutional and Legal Matters
A. Religion and the State

1. Sudan is a multi-racial, multi-ethnic, multi-cultural and multi-religious
society. Islam is the religion of the majority of the population and
Christianity and the African creeds are followed by a considerable
number of citizens. Nevertheless the basis of rights and duties in the
Sudan shall be citizenship, and all Sudanese shall equally share in all
aspects of life and political responsibilities on the basis of citizenship.
2. Freedom of religion, belief and worship shall be guaranteed.
3. A suitable atmosphere shall be maintained for practising, worship, dawa,
proselytization and preaching.
4. No citizen shall be coerced to embrace any faith or religion.
5. There shall be no legislation which would adversely affect the religious
rights of any citizen.
6. Regarding legislation:

a) Sharia and Custom shall be the sources of legislation.
b) On the issue of Sharia, the parties agreed on a formula under which
Laws of a general nature that are based on general principles common
to the States shall apply at the national level, provided that the States
shall have the right to enact any complementary legislation to Federal
legislation on matters that are peculiar to them. This power shall be
exercised in addition to the powers the States exercise on matters
designated as falling within their jurisdiction, including the development of
customary law.

B. The Constitutional Guarantees

1. The Supreme Court is the custodian of the Constitution and is thus
entrusted with the protection and interpretation of the Constitution.
2. The Constitution shall enshrine the following principles:

a) There shall be no punishment except as provided for by the law.
b) Every person is presumed innocent until the contrary isproved.
c) Litigation before courts is a right guaranteed for every person.
d) The Constitution shall guarantee the equality of all citizens before
law without any discrimination; no immunity shall be without law.
e) The Constitution shall guarantee the application of the Rule of Law.

3. The bill of rights and freedoms shall be enshrined in the Constitution.
4. Any law or decision that contravenes the Constitution may be challenged
in court by any aggrieved person.
5. All personal matters such as marriage, divorce, parentage and inheritance
shall be governed by the religion and custom of those involved.

C. Fundamental Rights and Freedoms
Under the concept of the rule of law the following basic human rights and
fundamental freedoms shall be guaranteed:

1. The right to life and inviolability of the human person.
2. The right to equal treatment irrespective of gender, race, colour, religion
or origin.
3. The right to family life and privacy.
4. The right to freedom of thought and conscience.
5. The right to property.
6. Freedom of expression.
7. Freedom of movement.
8. Freedom of the press.
9. Freedom of association and assembly as shall be regulated by the law.
10. Immunity from arbitrary arrest, detention and torture.
11. Freedom of religious worship, preaching, dawa, proselytization and
religious propagation.
12. Freedom of expression and development of cultures and languages.
13. All other basic rights and freedoms that are recognised by and guaranteed
under the International Conventions and Protocols ratified by the
Government of the Sudan.

D. The Judiciary

1. The Judiciary in the Sudan shall be independent and decentralised.

2. Every State shall have judicial organ which is composed of a Court of Appeal, Province Courts, District Courts and Local Courts.

3. Appeals from the Court of Appeal shall be submitted to the Supreme Court.

4. Administration of justice in the State shall be vested in the State Judicial Organ.

5. Judges at all levels shall be appointed by the President of the Republic on the recommendation of the High Judicial Council.

6. Matters related to qualification, emoluments, privileges, promotions, training, retirement, etc. shall be regulated by law.

E. Democracy

1. Participatory democracy shall be realised through congresses and national convention or conference.

2. In promotion of participatory democracy the congresses and national convention shall be organised:

a) to accommodate forums for all citizens.
b) to discourage all forms of intolerance and totalitarianism.

3. The parties to this Agreement shall be guaranteed full participation in the political and constitutional processes in Sudan.

3. POWER SHARING

a. FEDERAL POWERS

The following powers shall be exercised by the Federal institutions:

1. Foreign Affairs.
2. Armed Forces and Defence Affairs.
3. Maritime Shipping and Navigation.
4. Currency, Coinage and Bills of Exchange.
5. Federal Budget and Federal Planning.
6. External Communications, External and Inter-State Postal and Telecommunication services, Civil Aviation and the operation and maintenance of International Airports.
7. The Judiciary.
8. Federal Railways and Inter-State Highways.
9. Weights, measures and determination of time.
10. The National Census.
11. Fishing and Fisheries in and beyond territorial waters.
12. Mining.
13. Inter-State Waterways.
14. Federal Election Commission.
15. Customs.
16. External Trade.
17. International Boundaries and Inter-State Boundary Disputes.
18. Meteorological Services.
19. National Security.
20. Federal Legislation:

i) on matters within Federal Powers.
ii) on matters common to the States.

21. Audit General.
22. Education Planning.
23. Attorney General and Advocacy.
24. National Electricity Network.
25. Federal Taxation.
26. Passports, Immigration, Nationality and Aliens Affairs.
27. Epidemic Control.
28. Emergency Jurisdiction.

b. STATE POWERS

1. State Security, Public order and good governance.
2. Wildlife, Tourism, Hotels, Inns, and so forth.
3. Land use and conservation without prejudice to the Federal Policies.
4. Local Government.
5. State Taxes.
6. Agriculture, Forestry and Fisheries including the establishment of Training Institutions in these fields.
7. Promotion of Languages, Cultures, Folklore, Arts, etc.
8. State Radio, TV, Newspapers and Printing Press.
9. Quarrying.
10. Roads, Water Supply, Hydro-Electric Power.
11. Irrigation and embankment pastures and their development.
12. Animal Health, Animal Husbandry and Animal Wealth.
13. Libraries and Museums.
14. Industrial and commercial development.
15. Missionaries activities, Charities and Endowments.
16. Specialised Hospitals and Clinics.
17. Establishment of Banks in accordance with the Central Bank Policies.
18. State Public Audit.
19. State Electricity Network.
20. State Attorney General.
21. State Legislation:

a) In matters within State Powers.
b) Complementary to Federal laws in matters peculiar to the State.
c) Customary laws.

22. State Economic development and Planning in accordance with Federal Planning.
23. Recruitment of Specialised technical expertise in various fields of development.
24. Health care and Establishment of all types of medical institutions for treatment and training of qualified medical personnel.
25. Registration of Birth and Death, and Marriages.
26. Statistics.
27. Scientific Research and Development.
28. Administration of Meteorological Services.
29. Education Management, Planning and Training up to University level within the framework of National Planning.

C. RESIDUAL POWERS

1. The State shall exercise the residual powers without prejudice to the powers allocated to the Federal authorities.

2. The Federal authorities shall exercise the residual powers without infringing on powers allocated to the States.

3. In case of any dispute over the residual powers between the State and Federal authority, the dispute shall be referred to the Federal (Supreme) Court.

4. WEALTH SHARING

1. The Federal Government shall lay down a comprehensive economic and social plan to develop the country in general and to bridge the gap between the various States in particular, so that within a definite period, a parity in provision of basic needs such as security, employment, water, food, education, health and housing could be reached.

2. In order to consolidate the economic policies:

a) The economy in the Sudan shall be based on free market forces.
b) The Federal Bank of the Sudan shall be responsible for regulating internal and external value of the Sudanese currency.
c) There shall be an independent Stock Exchange Bureau for selling and floating shares, bonds and premiums of companies and currency regulation to enhance free market economy. d) There shall be established development projects to promote and maintain peace and stability among the people of the Sudan.

3. Major Federal development projects and big mining and oil projects shall be considered national wealth and be managed on a national basis provided that:

a) The Federal Government shall observe to allocate an equitable percentage of the Returns to be fixed by the Revenue Allocation Commission to the State where the project is located (see Annexe 3).
b) Ensure participation of the States in the management of such projects.
c) Ensure recruitment and training of citizens of the State in order to participate in such projects.
d) Any other fringe benefits.

4. A Revenue Allocation Commission shall be established to recommend revenue sharing formula for the whole country. The Coordinating Council shall be represented.

5. The Federal Government shall observe the following for the purpose of distribution of national revenue among the States and for site selection of major development projects:

a) Giving priority to the less-developed States according to their state of underdevelopment.
b) Economic feasibility of projects and their efficient functioning.
c) The effect of the project on the realisation of self-sufficiency in the basic needs of the country.
d) A balanced relationship between development and density of population and environment.
e) Establishment of a special fund to take care of crash development programmes and maintenance of peace.

6. In the field of rehabilitation of the war-affected areas, the following shall be observed:-

a) The Federal Government and the Coordinating Council shall work to attract loans and aid from friendly countries and international benevolent organisations to rehabilitate the economic projects which ceased to function or were damaged because of the war. It shall also work for the reconstruction of the war-affected areas and resettlement of returnees and displaced persons.

b) The Federal Government and the Coordinating Council shall launch a plan and joint international appeal for the reconstruction, rehabilitation, repatriation and development of the Southern States and other war affected areas.

c) The Coordinating Council shall also establish a relief, resettlement, rehabilitation, reconstruction commission to manage and administer the resources acquired for the above purposes.

7. The sources of revenue of the Southern States shall consist of the following:

a) State taxes and generated revenue.
b) Fees, excise duties and licences.
c) Revenue from commercial, industrial and agricultural projects based in the Southern States.
d) Funds from the Federal treasury for established services in the States until such a time when they become self-reliant.
e) Any development assistance and donations from foreign sources.
f) Revenue allocation from the Federal Government for socio-economic development.
g) State share of Federal taxes levied on Federal projects and services functioning within the Southern States.
h) Business profit taxes.
i) Corporate taxes on factories and agricultural enterprises in the State, other than Federal ones, established in the Southern States.
j) Property taxes.
k) The share of fees on licenses for mineral and oil explorations (see Annexe 3).
l) Profits accruing from the Customs, Airports Services, Roads, Postal and Telecommunication Services and River Transport in the Southern States shall be allocated to Rehabilitation, Reconstruction, Repatriation Commission.

8. The State Government shall prepare a budget to meet the expenditure on services, administration and development of the State to be submitted to the State Legislative Organ for approval.

9. No project adversely affecting the people, ecology and natural environment of State may be implemented without consulting the State concerned.

10. The Federal Government and the Coordinating Council shall encourage and promote foreign investment and procurement of development assistance for the Southern States and shall encourage establishment of branches of public sector institutions, development corporations and specialised banks.

11. The Coordinating Council shall prepare a development budget for the Southern States and submit the same to the President.

5. PARTICIPATION OF THE SOUTHERN CITIZENS IN THE FEDERAL INSTITUTIONS

1. Mindful of the present participation of the Southerners in the Federal Institutions, this Agreement is putting forward further balanced representation in the Federal institutions.

2. The participation shall be based on values of efficiency, qualification, honesty, justice, responsibility and equality between all the citizens without discrimination.

3. The Southern citizens shall participate in all Federal, political and constitutional institutions in numbers commensurate to the demands of the interim period, taking into consideration population size and provided that the criteria for eligibility are met.

4. The Southern citizens shall have the right to participate in the Federal Institutions as follows:

a) The Presidency.
b) The Federal Council of Ministers.
c) The National Legislative Assembly.
d) The Federal Defense and Security Council.
e) The Supreme Court.
f) The Federal Planning Institutions.
g) The National Elections Commission.
h) Foreign Affairs.
i) The Federal Career Selection Commission.
j) Federal Universities and Research Institutions.
k) The Armed Forces.
l) Any other Federal Institutions.

5. The Federal Career Selection Commission (FCC) shall have an office at the seat of the Coordinating Council