Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State.
This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book comprises constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.
About the Author
Lutz Oette is Senior Lecturer in Law at the SOAS, University of London, UK.
Mohamed Abdelsalam Babiker is Associate Professor of Public International Law, Founding Director of the Human Rights Centre and Head of the International and Comparative Law Department in the Faculty of Law at the University of Khartoum, Sudan.
Table of Contents
Introduction - Lutz Oette and Mohamed Abdelsalam Babiker
Part I: The Challenges for Peace, Human Rights Protection and Constitutionalism in the Sudans
1. Power, Conflict and Human Rights in Sudan - Lutz Oette
2. In Search of Constitution and Constitutionalism in Sudan: The Quest for Legitimacy and the Protection of Rights - Ali Suleiman Fadlalla and Mohamed Abdelsalam Babiker
3. Constitutionalism Under Siege: Constitutional Standoffs in South Sudan and Their Implications for the War-stricken Nation - David K. Deng
Part II: Constitutional Protection of Human Rights
4. Human Rights Protection in Sudan’s Constitutions: A Critique of Bills of Rights - Mohamed Abdelsalam Babiker
5. Citizenship, Statelessness and Human Rights Protection in Sudan’s Constitutions and post South Sudan Secession Challenges - Munzoul A. M. Assal
6. Constitutional Dimensions of Minority Rights and the Rights of Peoples in the Sudans - Noha Ibrahim Abdelgabar, Mohamed Abdelsalam Babiker and Lutz Oette
7. Women’s Rights in Sudan: Constitutional Recognition and Lived Experiences - Ebtisam Sanhouri Elrayh
Appendix: Human Rights Provisions in the Constitutions of Sudan and South Sudan & Selected Constitutional Court Cases