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

PART SEVEN: THE NATIONAL CIVIL SERVICE

Principles and Guidelines for the National Civil Service Employees

The National Civil Service

135 (1) The National Civil Service shall consist of all employees at the national level of government who shall impartially carry out the functions assigned to them according to law.

(2) The law shall determine terms and conditions of service, duties and rights of employees of the National Civil Service.

Guidelines for Inclusiveness in the National Civil Service

136 The National Civil Service, notably at the senior and middle-levels, shall be representative of the people of the Sudan; to ensure this, the following principles and guidelines shall be recognized and observed:-

(a) imbalances and disadvantages in recruitment shall be redressed,

(b) merit is important and training is necessary,

(c) no level of government shall discriminate against any qualified Sudanese citizen on the basis of religion, ethnicity, region or gender,

(d) fair competition for jobs,

(e) application of affirmative action and job training to achieve targets for equitable representation within a specified time frame,

(f) creation of additional training opportunities for conflict- affected people.

The National Civil Service Commission

137 (1) A National Civil Service Commission shall be established and shall be composed of persons of proven competence, experience, integrity and impartiality.

(2) The National Civil Service Commission shall advise the national government in the formulation and execution of policies related to public service employment and employees.

(3) The National Civil Service Commission shall address imbalances in the National Civil Service in order to create a sense of national belonging.

Interim Tasks of the National Civil Service Commission

138 The National Civil Service Commission shall have the following tasks:-

(a) formulation of policies for training and recruitment into the national civil service, targeting between twenty to thirty percent of the positions to be confirmed upon the outcome of the census referred to herein for people of Southern Sudan who qualify,

(b) ensuring that not less than twenty percent of the middle and upper level positions in the national civil service, including the positions of undersecretaries, are filled with qualified persons from Southern Sudan within the first three years of the Interim Period and achieving twenty five percent in five years and the final target figure referred to in sub-Article (a) above, within six years,

(c) reviewing, after the first three years of the Interim Period, the progress made in implementing the formulated policies and setting new goals and targets as necessary, taking into account the census results.

National Employees Justice Chamber

139 (1) There shall be established by law a National Employees Justice Chamber and shall be composed of chairperson and members of proven competence, experience, integrity and impartiality.

(2) The National Employees Justice Chamber shall, without prejudice to the right of resorting to courts, be competent to consider and determine grievances by national public service employees.

(3) The supervision over the Chamber and appointment of its chairperson shall be made by the President of the Republic.