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

PART TEN: THE NATIONAL CAPITAL

The National Capital

152 Khartoum shall be the National Capital of the Republic of the Sudan, and shall be a symbol of national unity that reflects the diversity of the country.

Administration of the National Capital

153 (1) The administration of the National Capital shall be representative. The parties signatory to the Comprehensive Peace Agreement shall be adequately represented therein.

(2) The adequate representation shall be determined by the Presidency in consultation with the Governor of Khartoum.

Respect for Human Rights in the National Capital

154 Human rights and fundamental freedoms as specified in this Constitution, including respect for all religions, beliefs and customs, being of particular significance in the National Capital, which symbolizes national unity, shall be guaranteed and enforced in the National Capital.

Law Enforcement Agencies in the National Capital

155 Law enforcement agencies of the National Capital shall be representative of the population of the Sudan and shall be adequately trained and made sensitive to the cultural, religious and social diversity in the Sudan.

Dispensing Justice in the National Capital

156 Without prejudice to the competence of any national institution to promulgate laws, judges and law enforcement agencies shall, in dispensing justice and enforcing law in the National Capital, be guided by the following:-

(a) tolerance shall be on the basis of peaceful coexistence between the Sudanese people of different cultures, religions and traditions,

(b) behaviour based on cultural practices and traditions, which does not disturb public order, is not disdainful of other traditions and not in violation of the law, shall be deemed in the eyes of the law as an exercise of personal freedoms,

(c) personal privacy is inviolable and evidence obtained in violation of such privacy shall not be admissible in the court of law,

(d) the judicial discretion of courts to impose penalties on non-Muslims shall observe the long-established Sharia principle that non-Muslims are not subject to prescribed penalties and therefore remitted penalties shall apply according to law,

(e) leniency and granting the accused the benefit of the doubt are legal principles of universal application and required by the circumstances of the Sudan.

The Non-Muslims Rights Special Commission

157 (1) The Presidency shall establish in the National Capital a special commission for the rights of Non-Muslims which shall have the following functions:-

(a) to ensure that the rights of Non-Muslims are protected in accordance with the general principles provided for under Articles 154 and 156 of this Constitution,

(b) ensure that Non-Muslims are not adversely affected by the application of the Sharia law in the National Capital.

(2) The special commission shall submit its observations and recommendations to the Presidency.

Mechanism for Guarantees

158 A system shall be established to guarantee the implementation of Article 156 above, which includes:-

(a) judicial circulars to guide the courts as to how to observe the foregoing principles,

(b) establishment of specialized courts to conduct trials in accordance with the principles referred to above,

(c) establishment of specialized public attorneys to conduct investigations and pre-trial proceedings in accordance with the principles referred to above.