Constitutional Document Amendments… Better Late Than Never

Report – Agencies

The joint meeting of the Sovereign Council and the Council of Ministers has approved a package of amendments to the Constitutional Document of 2025. The amendments were ratified by General Abdel Fattah Abdelrahman Al-Burhan, Chairman of the Sovereign Council and Head of State. The amendments were published in the official gazette of the Republic of Sudan and became effective from the date of their approval and ratification.

An Important Question:

An important question might arise as to why these amendments were made at this particular time. Was there an objective necessity for them? To answer this question, it must first be noted that these amendments were necessitated by objective requirements. It is true that the Constitutional Document has been amended several times since its adoption between the Transitional Military Council and the Forces of Freedom and Change, which led to the formation of a government headed by Dr. Abdullah Adam Hamdok. However, it is clear that the document contained many provisions that needed amendments from the first months of its implementation. Additionally, some constitutional institutions needed to be formed, such as the Constitutional Court, the National Legislative Council, and some commissions like the National Election Commission and the Constitutional Review Commission. These are all institutions that pave the way toward democratic transformation and achieving sustainable democracy.

Necessitated by Developments:

These amendments were generally necessitated by the significant developments in the country following the coup staged by the Rapid Support Forces. When their coup attempt failed, they began the next step, which was launching a full-scale war not only against the regular military institution and its supporting institutions but also against the entire Sudanese population and its public and private properties. Across most parts of Sudan, the rebellion involved killing, mutilation, displacement, rape, violations of sanctities, and the disruption and destruction of infrastructure, in addition to the severe psychological and moral impacts on the entire population.

Therefore, we conclude that although these amendments came late, it is better for them to come late than never.

Legitimacy of the Amendments:

As soon as the amendments to the Constitutional Document were issued, they faced criticism from some media and political circles. These criticisms ranged from formal to substantive, but most of them can be addressed. Perhaps the most prominent criticism directed at the amendments is their lack of legitimacy, as they were not approved by the National Legislative Council. Of course, this criticism is rebutted by the Constitutional Document itself, which states that until the National Legislative Council is formed, the Sovereign Council and the Council of Ministers will approve laws, decrees, and all legislative measures in a joint session. It is well known that the National Legislative Council has not been formed since the adoption of the Constitutional Document, due to the political circumstances in the country, which led to the decision by the Chairman of the Sovereign Council and Commander-in-Chief of the Armed Forces to take measures on April 25, 2025, followed by many developments.

Key Features of the Amendments:

One of the most notable aspects of the amendments to the Constitutional Document is that the legislator addressed many shortcomings. The Forces of Freedom and Change had imposed many provisions in the original document on their then-partner, the military component, which increased tensions between them until their partnership ended with the measures taken by the Commander-in-Chief and Chairman of the Sovereign Council on October 25, 2021. However, some of these provisions remained in the document, which necessitated their cancellation or modification according to the requirements of the situation. One of the most significant amendments is the text concerning the armed forces, which appeared in Article 35, resolving the debate about the status of the armed forces and other forces, which was a point of contention and even directly contributed to the outbreak of the current war. The Forces of Freedom and Change raised the issue of the subordination of economic institutions, the defense industry’s system, and the status and integration of the Rapid Support Forces. The legislator was aware of this and so the text of Article 35 was amended as follows:

1. The Sudanese Armed Forces are a professional military force. They are a regular, non-partisan force that defends the constitutional system, the rule of law, democratic civilian governance, human rights, and the defense of the country against internal and external interventions. They contribute to addressing declared emergency situations as defined by law.

2. The Armed Forces manage the defense industries and related economic institutions.

3. Within six months of the end of the transitional period, all military and semi-military forces in Sudan must be integrated into the regular armed forces. Armed groups that have signed the Juba Peace Agreement must transform into political entities according to the law and the requirements of the agreement.

With this amendment, the Constitutional Document has resolved the most significant issues that created political problems and fundamental dilemmas during the transitional period, which extended for several years until the war broke out. This amendment, which aligns with the demands of the stage, has resulted in an agreement on a satisfactory formulation for the relations between military and civilian governance institutions during the transitional period. It is expected that the elected parliament will review and adjust this for all civil democratic governance institutions.

Other Important Amendments:

The amendments to the 2025 Constitutional Document included several key provisions regarding the role and status of the police according to the constitution and law. These amendments ensure that all its components (public security, customs, wildlife, prisons, and specialized units) can perform their roles in the normalization of civil life. The intelligence service’s position was also clarified to ensure its security tools for internal and external security, as well as information gathering and analysis according to the state’s national strategy, especially since Sudan, with its strategic geographical position and both apparent and hidden resources, has become vulnerable to international exploitation. These amendments also address the Ministry of Justice’s role, returning it to its natural position, reinforcing the rule of law, and overseeing the legal work of the state.

Source: “Sudanese Echoes”