Support to the Constitutional and Comprehensive Legal Reform Process in the Republic of Sudan

This project financed by the German Federal Foreign Office follows up on the Foundation’s previous programmes to continue to support the Republic of the Sudan’s endeavours towards a new permanent Sudanese Constitution. Until the end of 2022, the Foundation will render its legal expertise in the area of comparative constitutional law, constitutional drafting processes and international law to key actors within the constitutional and legal reform as well as additional Sudanese stakeholders.

Since the start of the transitional period, the developments with regards to legal reforms in the Sudanese Republic have entered into a new phase. The transitional period is governed by the Interim Constitutional Charter of 2019 (as amended in 2020), which procedurally foresees the implementation of a Constitutional Process as well as the establishment of a Constitutional Commission responsible for the drafting of the new constitutional order. The Charter also provides for a reform of the Sudanese legal system with a specific focus on aligning the existing laws and regulations with the Charter’s bill of rights catalogue.

With this project the Foundation anticipates supporting both reform endeavours: 1) the constitutional reform as well as 2) the comprehensive legal reform:

1) Upon specific request of and in close cooperation with the Sudanese Ministry of Justice, the Foundation envisages to continue and strengthen its support rendering legal expertise and advice to the members of the Constitutional Commission and an additional inclusive group of key players within the constitutional reform. The aim is to support the drafting of a coherent and long-lasting constitutional text which is inclusive of Sudan’s diversity; thereby also satisfying international legal standards and best practices. The Foundation is providing the legal capacity building measures on a technical level following an academic and comparative law approach with consideration of the Sudanese constitutional history outlining international legal standards and introducing best model practices on constitutional design. The latter are carefully selected in accordance with the needs and prerequisites of the Sudanese and with respect to the Republic’s constitutional framework and context. Furthermore, the Foundation therefore considers it as vital that only an inclusive and well-balanced representation of all Sudanese stakeholders in the constitutional process can in the end ensure the acceptance of the final constitutional text and produce long lasting stability.

2) Beyond, upon request of the Sudanese Attorney General, the Foundation envisages rendering its legal advice and expertise to the Attorney General and his legal staff, as well as additional key players, concerning the anticipated comprehensive legal reform process. The thematical focus during the capacity building process is centred on international human rights protection, fundamental freedoms, constitutional principles and rule of law standards. The aim is to support the realisation of the review of the relevant laws on their conformity with the human rights catalogue guaranteed by the Constitutional Charter, as well as adhering to the fundamental human rights standards with the view to strengthen human rights protection in the country.

Both components of the project complement each other but shall be implemented individually and independently with the overall objective to support the envisaged legal reforms and strengthening the legal system and the rule of law in Sudan. As always, throughout the implementation of all its activities, the Foundation will strictly adhere to its guiding principles of neutrality and independence as well as being aware of the Sudanese local ownership with regards to the envisaged reforms.

The project is implemented with support from the German Embassy in Khartoum as well as the German Federal Foreign Office in Berlin and the local Sudanese partners.