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2019 Sudanese Constitutional Declaration

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2019 Sudanese Constitutional Declaration
TitleConstitutional Declaration
Date signedAugust 4, 2019 (initial), August 17, 2019 (final)
Location signedKhartoum, Sudan
SignatoriesMohamed Hamdan Dagalo (Transitional Military Council), Ahmad al-Rabie (Forces of Freedom and Change)
PartiesTransitional Military Council, Forces of Freedom and Change
PurposeTo establish a constitutional framework for the 2019–2022 Sudanese transition to democracy

2019 Sudanese Constitutional Declaration was a foundational legal document that established the framework for a transitional government following the 2019 Sudanese Revolution. It was signed between the ruling Transitional Military Council and the civilian coalition Forces of Freedom and Change, outlining a 39-month path to democratic elections. The declaration aimed to dismantle the political system of former President Omar al-Bashir and guide the country toward civilian rule.

Background and context

The declaration emerged directly from the 2019 Sudanese Revolution, a sustained pro-democracy protest movement that began in December 2018. The uprising successfully forced the ouster of longtime autocrat Omar al-Bashir in April 2019 by the Sudanese Armed Forces. Following his removal, power was assumed by the Transitional Military Council, led initially by Ahmed Awad Ibn Auf and later by Abdel Fattah al-Burhan. Continued protests, most notably the Khartoum massacre at the Khartoum General Command site in June, increased international pressure and compelled the military to negotiate. These talks, mediated by the African Union and Ethiopia, along with diplomatic efforts from the United States and the United Arab Emirates, culminated in the political agreement that preceded the constitutional document.

Key provisions

The document established a 39-month transitional period, divided into roughly 21 months pre-elections and 18 months for a post-election transition. It created a collective Sovereignty Council of Sudan as the head of state, composed of five military and five civilian members, plus one civilian selected by consensus. Executive power was vested in a civilian-led Cabinet of Sudan, headed by a Prime Minister of Sudan nominated by the Forces of Freedom and Change. A transitional Legislative Council of Sudan was also mandated. Critically, it granted independent investigative powers to a commission probing the Khartoum massacre and called for Sudan’s accession to international treaties like the Rome Statute. The document also integrated the Juba Peace Agreement and outlined steps for achieving peace in conflict regions like Darfur and the Two Areas.

Signatories and negotiation process

The initial political agreement was signed on July 17, 2019, with the constitutional text finalized and signed on August 4 and August 17. Key signatories included Mohamed Hamdan Dagalo (commonly known as Hemedti), the deputy head of the Transitional Military Council, and Ahmad al-Rabie for the Forces of Freedom and Change. The civilian bloc was a broad coalition including the Sudanese Professionals Association, the Unionist Alliance, and the Sudan Call forces. Negotiations were protracted and tense, nearly collapsing after the violent dispersal of the Khartoum sit-in. Mediation was led by the African Union envoy Mohamed el-Hacen Lebatt and supported by the Prime Minister of Ethiopia, Abiy Ahmed.

Implementation and transitional government

Implementation began with the formal establishment of the Sovereignty Council of Sudan on August 21, 2019, with Abdel Fattah al-Burhan as its first chairman. Economist Abdalla Hamdok was appointed as Prime Minister of Sudan and tasked with forming a technocratic cabinet. The transitional government faced immediate challenges, including a severe economic crisis inherited from the al-Bashir era, demands for justice from victims of the Darfur genocide, and integrating armed movements through the Juba Peace Agreement. The mandated Legislative Council of Sudan was never fully formed, creating a significant gap in the transitional architecture.

Domestic and international reactions

Domestically, the declaration was met with cautious optimism by protest groups, though some, like the Sudanese Resistance Committees, criticized it for legitimizing military power. International reactions were largely supportive. The United Nations Security Council, the African Union, and the European Union praised the agreement as a critical step toward stability. Key regional powers like Saudi Arabia, Egypt, and the United Arab Emirates also endorsed the transition. International financial institutions, including the World Bank and the International Monetary Fund, engaged with the new government, linking support to continued democratic reforms.

Aftermath and legacy

The transitional period governed by the declaration was abruptly ended by a 2021 Sudanese coup d'état led by Abdel Fattah al-Burhan and Mohamed Hamdan Dagalo in October 2021, which dissolved the transitional institutions. This coup triggered widespread protests and a renewed political crisis. Despite its premature end, the declaration remains a landmark document in modern History of Sudan, representing the first formal power-sharing pact between the military and civilians after the revolution. Its framework influenced subsequent, though unsuccessful, negotiations such as the 2022–2023 Sudanese political process and the Framework Agreement of late 2022, which aimed to restore the civilian transition prior to the outbreak of the 2023 Sudan conflict.

Category:2019 in Sudan Category:Constitutions of Sudan Category:African Union