The Transitional Constitution of the Republic of the Sudan (2005)/PART FOURTEEN

PART FOURTEEN: STATE OF EMERGENCY AND DECLARATION OF WAR

Declaration of State of Emergency

210 (1) The President of the Republic, with the consent of the First Vice President, may upon the occurrence of an imminent danger, whether it is war, invasion, blockade, natural disaster or epidemics, as may threaten the country, or any part thereof or the safety or economy of the same, declare a state of emergency in the country, or in any part thereof, in accordance with this Constitution and the law.

(2) The declaration of a state of emergency shall be submitted to the National Legislature within fifteen days of the issuance of the declaration. When the National Legislature is not in session, an emergency session shall be convoked.

(3) When the National Legislature approves the declaration of a state of emergency, all laws, exceptional orders or measures issued or taken by the President of the Republic pursuant to the state of emergency shall continue to remain in force.

Powers of the President in the State of Emergency

211 The President of the Republic, with the consent of the First Vice President, may during the state of emergency take, by virtue of law or exceptional order, any measures that shall not derogate from the provisions of this Constitution and the Comprehensive Peace Agreement except as may be provided herein:-

(a) to suspend part of the Bill of Rights. However, there shall be no infringement on the right to life, sanctity from slavery, sanctity from torture, the right of non-discrimination on the basis of race, sex, religious creed, the right in litigation or the right to fair trial,

(b) to dissolve or suspend any of the state organs or suspend such powers, as may be conferred upon the states under this Constitution. The President of the Republic with the consent of the First Vice President shall assume the functions of such organs and exercise the powers or prescribe the manner in which the affairs of the state concerned may be managed,

(c) to take any such measures as deemed necessary to the state of emergency, which shall have the force of law.

Duration of the State of Emergency

212 The duration of the measures relating to the state of emergency shall expire in the following cases:-

(a) lapse of thirty days as from the date of issuance of the declaration if the National Legislature does not approve by a resolution the extension of its duration,

(b) lapse of the duration approved by the National Legislature,

(c) Issuance of a declaration by the President of the Republic with the consent of the First Vice President lifting the state of emergency.

Declaration of War

213 The President of the Republic, with the consent of the First Vice President, shall declare war whenever they decide that the country is under external aggression. Such declaration shall be legally enforceable upon approval by the National Legislature.