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The 1973 Constitution of Sudan, known at the time as the Permanent Constitution of Sudan, was the first permanent constitution in Sudan introduced under the leadership of President Gaafar Nimeiry. The constitution explicitly identified Islamic law as a primary source of legislation, which was a pivotal shift from previous legal frameworks that had been more secular in nature. [1] The constitution was enacted in May 1973. [2]
Gaafar Nimeiry came to power after 1969 coup d'état which was in collaboration with the Sudanese Communist Party, which saw the end of the Sudan's second democratic era that came after the October 1964 revolution. At the beginning, Nimeiry's government would pursue a radical Arab nationalist and leftist program, bringing in a socialist program for social and economic development, including widespread nationalization of private property. His government would also push for an end to the First Sudanese Civil War, which by 1969 had been ongoing since 1955. [3]
The 1973 permanent constitution replaced the 1956 Transitional Constitution of Sudan. The first article, of 225 constitution's articles, set the scene for by stating that:
The Democratic Republic of the Sudan is a unitary, democratic, socialist and sovereign republic, and is part of both the Arab and African entities.
— Article 1, Part 1: Sovereignty and the State, the Permanent Constitution of the Sudan [4]
It later acknowledged Christianity and other spiritual beliefs and validated the 1972 Addis Ababa Agreement which aimed to shield southern Sudan from northern domination. [5] [6] However, the constitution explicitly identified Islamic law as a primary source of legislation (Article 9), which was a pivotal shift from previous legal frameworks that had been more secular in nature. [7] The constitution also explicitly identified Arabic as the official country language, [1] despite southern Sudan objection. [8] [9] [10]
The Nimeiry regime (1969–1985) aimed to establish a one-party constitution and supported the 1972 Addis Ababa Peace Agreement, ending Sudan’s first civil war. However, the agreement was not included in the 1973 Permanent Constitution, making it easy to ignore. While it granted some self-rule to southern states, it left the northern autocratic state unchanged, leading to discontent. [11] Thus, local governance structures were established to provide some degree of autonomy for the Southern Sudan Autonomous Region (1972–1983). However, these measures were often seen as insufficient and were met with scepticism by Southern leaders, who felt that the central government was not genuinely committed to a federal system that would allow for meaningful self-governance. [12] The tensions between the central government and regional authorities would later escalate, culminating in renewed conflict and ultimately the secession of South Sudan in 2011.
In 1983, Nimeiry imposed Islamic laws, known as September Laws , on the southern states, sparking a renewed civil war led by the Sudan People's Liberation Movement/Sudan People's Liberation Army. [11]
The 1973 Constitution established a framework for a central governance that regulated the distribution of authority among the three levels of government and defined the roles and powers of governmental bodies at each level, which aimed to balance power between the executive and legislative and judicial branches. However, the practical application of these provisions was often undermined by Nimeiry's authoritarian tendencies. The regime's centralisation of power led to the suppression of political dissent and the marginalisation of opposition parties, which ultimately contributed to widespread unrest and dissatisfaction among various segments of the population leading to the 1985 coup d'état. [12]
The constitution was adopted in May 1973 without public participation, centralising power in the President. By 1977, the regime aligned with Islamist elements, further Islamising the legal system. [11] The First People's Assembly's Speaker and Members were given the Medal of the Constitution for their contribution to the discussion of the constitution draft. [13]
In addition to its political and legal implications, the 1973 Constitution also had a significant impact on social norms and gender roles within Sudanese society. The emphasis on Islamic law reinforced traditional gender roles and often limited women's rights, particularly in areas such as marriage, inheritance, and employment. This legal framework contributed to the perpetuation of social barriers that hindered women's participation in public life and economic activities. [14]
The constitution was the first to safeguard freedom of religion and expression (Part III), [15] with Article 48 explicitly outlining this right. Article 19, ensure the independency of the academic institutions. [4]
The 1973 Sudan Constitution values private property for its social benefits, allowing ownership unless it conflicts with public interest. It ensures fair compensation for property confiscation, nationalization, or requisition, but notes that protection of private property is not absolute. [16]
In April 1985, shortly after the new government took power, the Transitional Military Council suspended the 1973 Constitution and replaced it with the Transitional Constitution of Sudan. [2] However, the 1973 Constitution laid the groundwork for subsequent constitutional developments in Sudan, including the 1998 and 2005 constitutions, which sought to address some of the shortcomings of the 1973 framework. However, the foundational issues of governance, regional autonomy, and social equity remained largely unresolved, contributing to ongoing political instability and conflict in the country. [12]
Gaafar Muhammad an-Nimeiry was a Sudanese military officer and politician who served as the fourth head of state of Sudan from 1969 to 1985, first as Chairman of the National Revolutionary Command Council and then as President.
The Addis Ababa Agreement, also known as the Addis Ababa Accord, was a set of compromises within a 1972 treaty that ended the First Sudanese Civil War (1955–1972) fighting in Sudan. The Addis Ababa accords were incorporated in the Constitution of Sudan.
The National Congress Party was a major political party of ousted President Omar Al-Bashir, it dominated domestic politics in Sudan from its foundation until it was dissolved following the Sudanese Revolution.
The National Islamic Front was an Islamist political organization founded in 1976 and led by Dr. Hassan al-Turabi that influenced the Sudanese government starting in 1979, and dominated it from 1989 to the late 1990s. It was one of only two Islamic revival movements to secure political power in the 20th century.
The First Sudanese Civil War was fought from 1955 to 1972 between the northern part of Sudan and the southern Sudan region which demanded representation and more regional autonomy. The war was divided into four major stages: initial guerrilla warfare, the creation of the Anyanya insurgency, political strife within the government, and establishment of the South Sudan Liberation Movement. Around a million people died over the course of the nearly 17-year long war.
On 25 May 1969, several young officers calling themselves the Free Officers Movement seized power in Sudan in a coup d'état and started the Nimeiry era, also called the May Regime, in the history of Sudan. At the conspiracy's core were nine officers led by Colonel Gaafar Nimeiry, who had been implicated in plots against the Abboud regime. Nimeiry's coup preempted plots by other groups, most of which involved army factions supported by the Sudanese Communist Party (SCP), Arab nationalists, or conservative religious groups. He justified the coup on the grounds that civilian politicians had paralyzed the decision-making process, had failed to deal with the country's economic and regional problems, and had left Sudan without a permanent constitution.
The Sudanese Socialist Union was a political party in Sudan. The SSU was the country's sole legal party from 1971 until 1985, when the regime of President Gaafar Nimeiry was overthrown in a military coup.
The Libyan–Sudanese relations refers to the long historical relations between Libya and Sudan, both are Arab countries.
The Sudanese Communist Party is a communist party in Sudan. Founded in 1946, it was a major force in Sudanese politics in the early post-independence years, and was one of the two most influential communist parties in the Arab world, the other being the Iraqi Communist Party.
Sirr Al-Khatim Al-Khalifa Al-Hassan was a Sudanese politician, ambassador and an elite educator, who served as the 4th Prime Minister of Sudan. He was famous for his great legacy in education and founding prints for Ministry of Education in Sudan, and as the executive Prime Minister in the October Regime. Al-Khalifa had a socialist orientation and was therefore sympathetic to the Simba, who had embraced communism.
Abel Alier Kwai is a South Sudanese politician and judge who served as First Vice President of Sudan between 1971 and 1982 and as President of the High Executive Council of the Southern Sudan Autonomous Region between 1972 and 1978. Abel Alier was a politician who managed to complete his college education among many Southern Sudanese. He is an internationally respected judge, human-rights lawyer and activist on behalf of Christians in the Sudan. Former Vice President of Sudan (1971–1982), he served as the first president of the High Executive Council of Southern Sudan. He sits on the Permanent Court of International Arbitration in The Hague and is recognized as Sudan's most prominent Christian lawyer. His latest book is Southern Sudan: Too Many Agreements Dishonoured.
Babiker Awadalla was a Sudanese Arab nationalist politician who was Prime Minister of Sudan from 25 May 1969 to 27 October 1969.
Mahmoud Mohammed Taha, also known as Ustaz Mahmoud Mohammed Taha, was a Sudanese religious thinker, leader, and trained engineer. He developed what he called the "Second Message of Islam", which postulated that the verses of the Qur'an revealed in Medina were appropriate in their time as the basis of Islamic law, (Sharia), but that the verses revealed in Mecca represented the ideal and universal religion, which would be revived when humanity had reached a stage of development capable of implementing them, ushering in a renewed era of Islam based on the principles of freedom and equality. He was executed for apostasy for his religious preaching at the age of 76 by the regime of Gaafar Nimeiry.
Sudan has a native Coptic minority, although many Copts in Sudan are descended from more recent Coptic immigrants from Egypt. Copts in Sudan live mostly in northern cities, including Al Obeid, Atbara, Dongola, Khartoum, Omdurman, Port Sudan, and Wad Medani. They number between 400,000-500,000, or slightly over 1% of the Sudanese population. Due to their advanced education, their role in the life of the country has been more significant than their numbers suggest.
The 1969 Sudanese coup d'état was a successful coup, led by Colonel Gaafar Nimeiry, against the government of President Ismail al-Azhari. The coup signaled the end of Sudan's second democratic era, and saw the beginning of Nimeiry's 16 year rule.
South Sudanese nationality law is regulated by the Constitution of South Sudan, as amended; the South Sudanese Nationality Act and Nationality Regulations, and their revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of South Sudan. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In South Sudan, nationality is often equated with ethnicity, despite recognition of the legal definitions. South Sudanese nationality is typically obtained under the principle of jus soli, i.e. by birth in South Sudan, or jus sanguinis, born to parents with South Sudanese ancestry. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
The 1985 Sudanese coup d'état was a military coup that occurred in Sudan on 6 April 1985. The coup was staged by a group of military officers and led by the Defense Minister and Armed Forces Commander-in-Chief, Field Marshal Abdel Rahman Swar al-Dahab, against the government of President Gaafar Nimeiry.
The Islamist movement in Sudan started in universities and high schools as early as the 1940s under the influence of the Egyptian Muslim Brotherhood. The Islamic Liberation Movement, a precursor of the Sudanese Muslim Brotherhood, began in 1949. Hassan Al-Turabi then took control of it under the name of the Sudanese Muslim Brotherhood. In 1964, he became secretary-general of the Islamic Charter Front (ICF), an activist movement that served as the political arm of the Muslim Brotherhood. Other Islamist groups in Sudan included the Front of the Islamic Pact and the Party of the Islamic Bloc.
Sudanese nationality law is regulated by the Constitution of Sudan, as amended; the Sudanese Nationality Law, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Sudan. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Sudan, nationality is often equated with ethnicity, despite recognition of the legal definitions. Sudanese nationality is typically obtained under the principle of jus soli, i.e. by birth in Sudan, or jus sanguinis, born to parents with Sudanese nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
In September 1983, president Gaafar Nimeiry introduced Islamic sharia laws in Sudan, known as September Laws, disposing of alcohol and implementing hudud punishments such as public flogging for alcohol consumption and amputations for theft. Nimeiry declared himself the "imam of the Sudanese umma", leading to concerns about the undemocratic implementation of these laws. Hassan al-Turabi assisted with drafting the law and later supported the laws, unlike the leader of the opposition Sadiq al-Mahdi's view.
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