The Federal System

Chapter One  The States

Article 108
States
The Republic of Sudan shall be divided into states and each state shall have a capital as follows:
   1. Upper Nile State with the capital at Malakal.
   2. Red Sea State with its capital at Port Sudan.
   3. Bahr El Jebel State with its capital at Juba.
   4. Gezira State with its capital at Madani.
   5. Jungoli State with its capital at Boar.
   6. Southern Darfur State with its capital at Nyala.
   7. Southern Kordofan State with its capital at Kadogli.
   8. Khartoum State with its capital at Khartoum.
   9. Sinnar State with its capital at Sinja.
  10. Eastern Equatoria State with its capital at Kapoyta.
  11. North Bahr El Ghazal State with its capital at Aweel.
  12. Northern Darfur State with its capital at Al Fashir.
  13. North Kordofan State with its capital at El Obeid.
  14. Western Equatoria State with its capital at Yambio.
  15. Alshimaliya State with its capital at Dongola.
  16. Western Bahr El Ghazal with its capital at Wau.
  17. Western Darfur with its capital Aljinaina.
  18. Western Kordofan with its capital Al Fula.
  19. Gaddarif State with its capital Gaddarif.
  20. Kassala State with its capital Kassala.
  21. Nahr Al Nile State with its capital at Damer.
  22. White Nile State with its capital at Rabak.
  23. Blue Nile State with its capital at Damazin.
  24. Warap State with its capital Warab.
  25. Unity State with its capital at Bantio.

Article 109
State Boundaries
The boundaries of the state shall be those existing on the day the Constitution comes into force, boundaries between states may be amended by law passed by the National Assembly and signed by the President of the Republic after hearing the views of the respective Governor or State Assembly.

Chapter Two  Division of Powers

Article 110
Federal Powers
The federal authorities shall exercise the following powers:
   1. Defense, control of the armed forces, the federal police, the national security, and the popular defense forces.
   2. Control over Sudan's international boundaries and the decisions in resolution of conflicts over state boundaries.
   3. Nationality, passport, immigration and aliens' affairs.
   4. Foreign relations.
   5. The organization of public elections of constitutional institutions, including federal, state and local institutions.
   6. The Judiciary, the Attorney-General's Office and the legal profession.
   7. The general professions according to federal law.
   8. Currency, monetary, financial, credit and investment policies.
   9. Measurements, weights, calendars and time.
  10. Federal taxation, customs and fees.
  11. Foreign trade.
  12. Public projects, corporations and companies.
  13. Land, natural resources, and underground mineral resources.
  14. Waterways.
  15. National electricity.
  16. Federal aviation, highways, sea transport, inter-state commerce and communications.
  17. Epidemics and public calamities.
  18. Antiquities and archaeological sites.

Article 111
State Powers
The States shall exercise jurisdiction within their boundaries over the following matters by planning, legislation and administration:
   1. Administration of the State and its proper functioning, including the promotion of the public interest, public security and public order.
   2. State taxation and fees.
   3. State trade, supply, cooperation and industry.
   4. State land and the State's natural and animals.
   5. Utilize state water and electric power.
   6. Maintain roads, transport and communication.
   7. Missionary teaching or other non-profit activities that benefit the community.
   8. Registration of births, death and marriages.
   9. Questions of law that are particular to the state, including custom and its codification.

Article 112
Concurrent Powers
1. The federal government shall exercise its power over the whole of the Sudan, and the states' governments shall exercise the powers granted them by federal law, and both shall exercise power over:
  1. Civil Service.
  2. Public Legal Advisors and Attorneys.
  3. Organizing Interstate Information, Culture and Publishing.
  4. Local Government.
  5. Media, Culture and Publication.
  6. Education and Scientific Research.
  7. Health.
  8. Social Welfare.
  9. Economic Policies.
  10. Cooperation.
  11. Industry.
  12. Quarries.
  13. Border Trade.
  14. Urban Planning and Population Policy.
  15. Surveys
  16. Censuses.
  17. Environment.
  18. Tourism.
  19. Meteorology.
2. Councils shall be established by state and federal law to divide, plan and maintain inter-state forests.

3. Any powers not allocated to the federal or state authorities shall be their common responsibility.

Chapter Three  Division of Financial Resources

Article 113
Federal Financial Resources
Federal revenues are as follows:
1. Customs duties, and sea and air port revenues.

2. Taxes on companies' profits, personal income tax, and stamp duties on documents concerning federal and interstate procedures.

3. Profits from national projects, provided that a percentage thereof shall be allocated to the state(s) involved.

4. Taxes on the products of federal industries.

5. Taxes collected from Sudanese working abroad, corporate taxes and taxes on foreign activities.

6. Taxes or fees not effecting the resources of states or local communities.

7. Donations, loans or financial facilities.

Article 114
State Financial Resources
The states shall have the following revenues:
1. A share of taxes on business profits, as determined by law, which must be allocated to the Local Councils.

2. A share of taxes on state industrial production.

3. Revenue from state licenses.

4. State taxes and duties.

5. Profits from state projects.

6. Donations, loans and credit facilities.

Article 115
Local Councils Financial Resources
The Local Councils shall have the following revenues:
1. Real Estate taxes.

2. Sales taxes.

3. Agriculture and animal production taxes, with the percentage determined by federal law being allocated to the state.

4. Fees for local land and water transport.

5. Excise duties form local industrial and handcraft production.

6. Any other revenue generated locally.

Chapter IV  Federal Relations and the Federal Government Authority

Article 116
Federal Government Authority
1. A Federal Government Authority shall be formed under the supervision of the President of the Republic with the responsibility for coordination, communication and supervision of relations between the state governments and the federal government, including the relations between the State Governors and the President of the Republic and other organs of federal government.

2. A fund shall be established, under the supervision of the Federal Government Authority, to which the federal government and able state governments shall contribute to assist needy states as determined by criteria fairness, taking into account the number of population and the level of development and in accordance with law.

Article 117
Limits on State Authority
No State shall exercise authority over any of the following without the permission of the federal government:
1. Federal constitutional institutions and their personnel.

2. Federal ministries, administrators, corporations, commissions, public companies or federal projects and their employees.

3. Federal land, properties and utilities.

Article 118
Prohibition of Interference with Interstate Commerce
States may not take measures that may interfere with the interstate transportation or movement of persons, goods, communications services, or impose any tariff on them but by permission of the federal government.

Article 119
Requests for Information from States
The states shall provide the federal government with statements and information when requested for enabling the setting of federal policies and planning.

Article 120
Requests to Defer Legislation
The National Assembly or any State Assemblies may each request a legislative authority to defer adoption of any legislative proposal until the requesting body has given its opinion on the legislative proposal, if the legislation would have a national impact or a special effect on the requesting State.

Article 121
Exchange of Legislative Proposals
The National Assembly and State Assemblies shall provide copies of all legislative proposal to each other.

Article 122
Peoples' Armed Forces
1. The Peoples' Armed Forces are a national, military armed force. Its duty is to defend the country, preserve safety, participate in development and in guarding the national interest and cultural, and the constitutional order.

2. The organization of the Peoples' Armed Forces and reserve forces, including conditions of service and emolument of members shall be determined by law.

3. The organization, constitution, jurisdiction, powers and procedures of military courts and military legal services shall be established by law.

Article 123
Police
1. The Police shall be a national force severing the country and its people by combating crime, protecting property, assisting in times of natural disaster, and maintaining public morals and public order.

2. The Police shall be organized nationally by the federal government, and the federal government shall be responsible for their planning, preparation, and training and their supervision. Each state shall supervise the Police belonging to the state. In cases of national emergency, the federal government shall be responsible for all the police forces.

3. The organization, jurisdiction, conditions of service and the relations between the federal and state police shall be determined by law.

Article 124
Security Forces
1. The Security Forces are regular national forces. The main function of the Security Forces is to main peace in Sudan, both internally and externally; to monitor situations of potential danger to the security of Sudan and other relevant situations; to evaluate the significance of dangers to the peace of Sudan; and to recommend measures that are necessary to protect Sudan against such dangers.

2. The law determines the rights, responsibilities, conditions of service and establishment of the Security Forces.

Article 125
Popular Defense Force
1. The Republic of Sudan may establish a volunteer Popular Defense Force from among the Sudanese people for national defense, to maintain national security, or to assist any regular forces. The Popular Defense Force shall be under the command of the National Armed Forces or the Police and shall promote defense, security and other general purposes.

2. The law shall determine organization, duties and supervision over the Popular Defense Forces.

Chapter Five  Civil Service

Article 126
Civil Service
1. The civil service consists of all government employees and is responsible for the administration for the country.

2. The civil service shall be open to all based on qualifications relevant to the function, and based on proportionate national representation.

3. The rights and responsibilities of civil servants and their conditions of service shall be determined by law.

Article 127
Civil Service Complaints Chamber
1. Civil Service Complaints Chambers shall be established by federal or state law to address the grievances of civil servants. The functions of the Chambers shall be determined by law. The Chambers shall responsible to the President of the Republic or the governor of the state, depending on whether they are state or federal.

2. The President of the federal Chamber is appointed by the President of the Republic and by the State Governor in the state chambers, and the President of the Republic and the State Governors shall supervise the respective Chambers.
  
3. Decisions of a Civil Service Complaints Chamber shall be final and binding and not subject to review by any Court.

Chapter Six  Election Commission

Article 128
Election Commission
1. An Election Commission shall be established as an independent authority. The President of the Republic of Sudan, with the agreement of the National Assembly, shall appoint the president and members who will serve on the Electoral Commission based organizing a referendum. The President and members shall be individuals of high moral standing, qualifications and impartiality and they shall be responsible to the President of the Republic and the National Assembly.

2. The functions of the Election Commission shall be:
  1. To prepare and check the election register annually.
  2. To organize federal, state and local elections according to law.
  3. To organize general referendums in accordance with the Constitution.
  4. To undertake any other tasks determined by law or ordered by the President of the Republic.
3. The powers, procedures and conditions of service of members of the Election Commission shall determined by law.

4. The law shall determine the rules and procedures governing elections and the electoral register.

Chapter Seven  The Auditor General

Article 129
Office of the Auditor General
1. The Office of Auditor General shall be created as an independent body. The Auditor General and the other members are named by the President of the Republic with the approval of the National Assembly. The Board of Directors of the Office of the Auditor General is responsible to the President of the Republic and the National Assembly.

2. The Office of the Auditor General audits all the accounts of the federal government, the National Assembly, the Judicial Authority, and all public institutions, corporations and public companies.

3. The President of the Republic may order the Auditor General to audit the accounts of any federal or state government institution or any other public or private body.

4. The powers, procedures and conditions of service of the members of the Office of Auditor General shall be determined by law.

Chapter Eight  The National Ombudsman

Article 130
The Ombudsman
1. The Office of the Ombudsman shall be established. The President of the Republic, with the agreement of the National Assembly, shall appoint the members of the Office of the National Ombudsman from among person of high integrity and honour. The Ombudsman and other members of his office are responsible to the President and the National Assembly.

2. Without prejudice to the functioning of the Judicial Authority, the Office of the Ombudsman shall act to ensure address grievances, promote administrative efficiency and fairness, supervise the implementation of administrative decisions, and ensure justice is done after the decisions of the Judicial Authority. The Ombudsman shall strive to ensure justice within all levels of public administration in Sudan, act against injustice in state or federal administrative decisions or in the final judgments of the Judicial Authority or any other state institution. The Ombudsman shall act in an efficient, fair and justice manner.

3. The Ombudsman shall cooperate with other national institutions and provide reports and advise to the President, the National Assembly, or other public institutions.

4. The powers, procedures and conditions of service of members of the Office of the Ombudsman shall be determined by law. An Ombudsman shall be established in each state by law and shall function in accordance with state law.

Section One State of Emergency

Article 131
Declaration of a State of Emergency
1. Whenever there is a event that poses a threat to the state or any part of it, whether by war, invasion, siege, catastrophe or epidemic, or any other event threatening the public safety or the economy, the President of the Republic may declare a state of emergency throughout the country or in any part of it in accordance with the Constitution and the law.

2. A declaration of a state of emergency shall be presented to the National Assembly within fifteen days of its date of issue and if the National Assembly is not in session it shall be called for an extraordinary session to consider the declaration.

3. If the National Assembly approves the declaration of the state of emergency any law or exceptional order constituting a part of the declaration shall remain in force.

Article 132
Exceptional Powers of the President of the Republic
1. The President of the Republic may take any of the following measures by law or exceptional order, during a state of emergency:
  1. Suspend some or all of the provisions in the Chapter on individual rights and liberties, except the following: the prohibition of torture, the prohibition of slavery, the prohibition of discrimination based on race, sex or religion, freedom of thought, the right of access to a court, the presumption of innocence, or the right to defense.
  2. Suspend the laws or powers of states according to the Constitution and vest in himself the powers and authorities provided for by these laws and the practice of these powers or decide the manner in which the affairs of a concerned state shall be administered.
  3. Issue any measures, which shall have the force of law, that is necessary to deal with the state of emergency.
Article 133
Prerogatives of the National Assembly
1. The National Assembly may agree to extend a state of emergency.

2. The President of the Republic shall submit all exceptional measures taken during a state of emergency to the National Assembly. The National Assembly that may amend, approve or cancel them.

Article 134
Expiry of the State of Emergency
A declaration of state of emergency shall expire in any of the following cases:
1. Thirty days from the date of issue if not approved by the National Assembly.

2. At the end of a period of time decided upon by the National Assembly.

3. By the issuance of the another declaration by the President of the Republic or a resolution by the National Assembly lifting the state of emergency.

Chapter Nine  Declaration of War

Article 135
Declaration of War
1. The President of the Republic shall the authority to declare war when he decides that the country is threatened by external aggression and this declaration has legal force when it is approved by the National Assembly.

2. The President of the Republic has the authority to dispatch the regular armed forces to any foreign country when he has decided that such deployment is in the interest of the country or necessary to a national interest.