The Transitional Constitution of the Republic of the Sudan (2005)/SCHEDULES

SCHEDULES

Schedule (A) : National Powers

The exclusive legislative and executive powers of the national level of government shall be as follows:

1. National Defence, National Security and Protection of the National Borders;

2. Foreign Affairs and International Representation;

3. Nationality and Naturalization;

4. Passports and Visas;

5. Immigration and Aliens;

6. Currency, Coinage and Exchange Control;

7. Constitutional Court and other National Courts;

8. National Police (including Criminal Investigation Department – CID, coordination of international, regional and bilateral criminal matters, and standards and regulations including the standards for training the police in the National Capital);

9. The fixing of and providing for salaries and allowances of civil and other officers of the National Government;

10. Postal Services;

11. Civil Aviation;

12. Maritime shipment;

13. Beacons;

14. Navigation and Shipment;

15. National Lands and National natural resources;

16. Central Bank, the Incorporation of National banks and issuing of paper money;

17. Bills of Exchange and Promissory Notes;

18. Weights, Measures and Standards, Dates and Standards of Time;

19. Meteorology;

20. Establishment and Maintenance of National Prisons;

21. National Institutions as envisaged under the Peace Agreement or as set forth in this Constitution;

22. Customs, Excise and Export Duties;

23. Intellectual Property Rights, including Patents and Copyright;

24. National Flag, National Emblem and National Anthem;

25. Signing of International Treaties on behalf of the Republic of the Sudan;

26. National Debt and borrowing on public credit;

27. National Census, National Surveys and National Statistics;

28. National States of Emergency;

29. International and Inter-State Transport, including roads, airports, waterways, harbours and railways;

30. National Public Utilities;

31. National Museums and National Heritage Sites;

32. National Economic Policy and Planning;

33. Nile Water Commission, the management of the Nile Waters, trans-boundary waters and disputes arising from the management of interstate waters between Northern states and any dispute between Northern and Southern states;

34. National information, publications, telecommunications regulations;

35. National Taxation and National Revenue Raising;

36. National Budget;

37. Laws providing for National elections and their supervision by the National Elections Commission;

38. Issuance of National Identity Card.

Schedule (B) : Powers of the Government of Southern Sudan

The exclusive legislative and executive powers of Government of Southern Sudan shall be as follows:

1. The adoption and amendment of the Constitution of the Government of Southern Sudan;

2. Police, Prisons and Wildlife Services;

3. Security and military forces during the Interim Period;

4. Legislation relating to the Government of Southern Sudan structures for the delivery of services at all levels of Government of Southern Sudan;

5. Borrowing of money on the sole credit of the Government of Southern Sudan within the national macro-economic policy;

6. Planning for Southern Sudan Government services including health, education, and welfare, etc;

7. The appointment, tenure and payment of Government of Southern Sudan (GOSS) officers and civil servants;

8. Development of financial resources for the Government of Southern Sudan;

9. The co-ordination of Southern Sudan services or the establishment of minimum Southern Sudan standards or the establishment of Southern Sudan uniform norms in respect of any matter or service referred to in Schedule C or Schedule D, read together with Schedule E, with the exception of Item 1 of Schedule C, including but not limited to, education, health, welfare, police (without prejudice to the National Standards and Regulations), prisons, state public services, such authority over civil and criminal laws and judicial institutions, lands, reformatories, personal law, intra-state business, commerce and trade, tourism, environment, agriculture, disaster intervention, fire and medical emergency services, commercial regulation, provision of electricity, water and waste management services, local Government, control of animal diseases and veterinary services, consumer protection, and any other matters referred to in the above Schedules;

10. Any power that a state or the National Government requests it to exercise on its behalf, subject to the agreement of the Government of Southern Sudan or that for reasons of efficiency the Government of Southern Sudan itself requests to exercise in Southern Sudan and that other level agrees;

11. Referenda in Southern Sudan on matters affecting Southern Sudan within the competencies of Southern Sudan Government;

12. Taxation and revenue raising in Southern Sudan;

13. Southern Sudan Budget;

14. Public utilities of Government of Southern Sudan;

15. Government of Southern Sudan flag and emblem;

16. Reconstruction and development of the Southern Sudan;

17. Government of Southern Sudan information, publications, media and telecommunications utilities;

18. Rehabilitation and benefits to disabled war veterans, orphans, widows and care for the dependents of deceased war fallen heroes;

19. Any matter relating to an item referred to in schedule D that cannot be dealt with effectively by a single state and requires Government of Southern Sudan legislation or intervention including, but not limited to the following:

(1) Matters relating to businesses, trade licenses and conditions of operation;

(2) Natural resources and forestry;

(3) Town and rural planning;

(4) Disputes arising from the management of interstate waters within Southern Sudan;

(5)Fire fighting and ambulance services;

(6) GOSS reformatory institutions;

(7) Firearms licenses within Southern Sudan; and

(8) Government of Southern Sudan recreation and sports.

20. Such matters relating to taxation, royalties and economic planning as is specified in the Agreement on Wealth Sharing;

21. Southern Sudan census and statistics within the competence of the Southern Sudan Government;

22. Issuance of identity cards within Southern Sudan, driving licenses and any other appropriate documentation.

Schedule (C) : Powers of States

The exclusive executive and legislative powers of a state of the Sudan shall be as follows:

1. The Constitution of the state, subject to compliance with the National Constitution, and, as relevant, the Constitution of Southern Sudan;

2. State Police, prisons;

3. Local Government;

4. State information, state publications and state media;

5. Social Welfare including state pensions;

6. The Civil Service at the state level;

7. The State Judiciary and administration of justice at state level including maintenance and organization of state Courts, and subject to national norms and standards, civil and criminal procedure;

8. State Land and state Natural Resources;

9. Cultural matters within the state;

10. Regulation of religious matters;

11. Internal and external borrowing of money on the sole credit of the state within the National macro-economic framework;

12. The establishment, tenure, appointment, and payment of state officers;

13. The management, lease and utilization of lands belonging to the state;

14. The establishment, maintenance and management of reformatory institutions;

15. The establishment, regulation, and provision of health care, including hospitals and other health institutions;

16. Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state;

17. Local works and undertakings;

18. Registration of marriage, divorce, inheritance, births, deaths, adoption and affiliations;

19. Enforcement of state laws;

20. Statutes enacted under the penal law power, save for the penalization for the breach of National laws relating to the national competencies;

21. The development, conservation and management of state natural resources and state forestry resources;

22. Primary and secondary schools and education administration in regard thereto;

23. Laws in relation to agriculture within the state;

24. Airstrips other than international and national airports within civil aviation regulations;

25. Intrastate public transport and roads;

26. Population policy and family planning;

27. Pollution control;

28. State statistics, and state surveys;

29. State referenda;

30. Charities and endowment;

31. Quarrying regulations;

32. Town and rural planning;

33. State cultural and heritage sites, state libraries, state museums, and other historical sites;

34. Traditional and customary law;

35. State finances;

36. State irrigation and embankments;

37. State Budget;

38. State archives, antiquities, and monuments;

39. Direct and indirect taxation within the state in order to raise revenue for the state;

40. State public utilities;

41. Vehicle licensing;

42. Fire fighting and ambulance services;

43. Recreation and sport within the state;

44. Firearms Licenses;

45. Flag and emblem of the state.

Schedule (D) : Concurrent Powers

The National Government, the Government of Southern Sudan and state governments, shall have legislative and executive competencies on any of the matters listed below:

1. Economic and Social Development in Southern Sudan;

2. Legal and other professions and their associations;

3. Tertiary education, education policy and scientific research;

4. Health policy;

5. Urban development, planning and housing;

6. Trade, commerce, Industry and industrial development;

7. Delivery of public services;

8. Banking and insurance;

9. Bankruptcy and insolvency;

10. Manufacturing licenses;

11. Airports, only with respect to the Government of Southern Sudan in accordance with Civil Aviation standards and regulations;

12. River transport;

13. Disaster preparedness, management and relief and epidemics control;

14. Traffic regulations;

15. Electricity generation and water and waste management;

16. Information, Publications, Media, Broadcasting and Telecommunications;

17. Environmental management, conservation and protection;

18. Relief, Repatriation, Resettlement, Rehabilitation and Reconstruction;

19. Without prejudice to the National Regulation, and in the case of Southern states, the regulation of Government of Southern Sudan, the initiation, negotiation and conclusion of International and Regional Agreements on culture, sports, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign non-governmental organizations;

20. Financial and economic policies and planning;

21. Women’s empowerment;

22. Gender policy;

23. Pastures, veterinary services, and animal and livestock diseases control;

24. Consumer safety and protection;

25. Residual powers, subject to schedule E;

26. Mother, Child protection and care;

27. Water Resources other than interstate waters;

28. Notwithstanding Schedules A, B and C, such matters relating to taxation, royalties and economic planning;

29. Southern Sudan and state Courts responsible for enforcing or applying National laws;

30. Such matters relating to taxation, royalties and economic planning as a matter or matters in regard to which the Government of Southern Sudan is accorded concurrent authority;

31. Human and animal drug quality control.

32. Regulation of land tenure, usage and exercise of rights in land.

Schedule (E) : Residual Powers

The residual powers shall be dealt with according to its nature (e.g., if the power pertains to a national matter, requires a national standard, or is a matter which cannot be regulated by a single state, it shall be exercised by the National Government. If the power pertains to a matter that is usually exercised by the state or local government, it shall be exercised by the state). Where a matter is susceptible to Southern Sudan regulation, in respect of the states of Southern Sudan, it shall be exercised by the Government of Southern Sudan.

Schedule (F) : Resolution of Conflicts in Respect of Concurrent Powers

If there is a contradiction between the provisions of Southern Sudan law and/or a state law and/or a National law, on the matters referred in Schedule D, the law of the level of government which shall prevail shall be that which most effectively deals with the subject matter of the law, having regard to:

(1) The need to recognize the sovereignty of the Nation while accommodating the autonomy of Southern Sudan or of the states;

(2) Whether there is a need for National or Southern Sudan norms and standards;

(3) The principle of subsidiarity;

(4) The need to promote the welfare of the people and to protect each person’s human rights and fundamental freedoms.