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

Status of Forces
144 (1) The Sudan Armed Forces and the Sudan People’s Liberation Army shall remain separate, regular, professional and non-partisan armed forces and shall be treated equally as the Sudan National Armed Forces.

(2) The mission of the Sudan National Armed Forces is to defend the sovereignty and secure the territorial integrity of the country and participate in its reconstruction and assist in addressing national disasters in accordance with this Constitution. The law shall stipulate the conditions in which the civil authority may resort to the engagement of the armed forces in missions of non-military nature.

(3) The Sudan National Armed Forces and the Joint/Integrated Units shall defend the constitutional order, respect the rule of law, the civilian government, democracy, basic human rights and the will of the people; they shall undertake the responsibility of the defence of the country against external and internal threats in their respective areas of deployment and shall be involved in addressing constitutionally specified emergencies.

(4) The military service, military courts and military legal services shall be regulated by law for the Sudan Armed Forces, the Sudan People’s Liberation Army and the Joint/Integrated Units.

Joint/Integrated Units
145 (1) There shall be formed Joint/Integrated Units consisting of equal numbers, from the Sudan Armed Forces and the Sudan People’s Liberation Army. The Joint/Integrated Units shall constitute a nucleus of the post-referendum army of the Sudan, should the result of the referendum confirm unity; otherwise they would be dissolved and the component parts integrated into their respective forces.

(2) Character, functions, size and deployment of the Joint/Integrated Units shall be governed by the Comprehensive Peace Agreement.

Command and Control of Joint/Integrated Units and Coordination between the Armed Forces
146 (1) The Joint Defence Board, that shall be established in accordance with the Comprehensive Peace Agreement, shall assume command and control of the Joint/Integrated Units.

(2) Coordination between the Sudan Armed Forces and the Sudan People’s Liberation Army shall be the function of the Joint Defence Board.

The Permanent Ceasefire
147 (1) The permanent ceasefire, provided for in the Comprehensive Peace Agreement, shall be fully enforced.

(2) The permanent ceasefire shall be internationally monitored and fully respected by all Sudanese.

The Police
148 (1) The Police is a regular service force whose mission is to maintain law and order; its service shall be open to all Sudanese to reflect the diversity and multiplicity of the Sudanese society; it shall discharge its duties with impartiality and integrity in compliance with the law and the nationally and internationally accepted standards.

(2) The Police shall be decentralized in accordance with the Comprehensive Peace Agreement as follows:

(a) The national level, the powers and functions of which shall be prescribed by law in accordance with this Constitution,

(b) The southern Sudan level, the powers and functions of which shall be prescribed by the Interim Constitution of Southern Sudan and the law,

(c) The state level, the powers and functions of which shall be prescribed by state constitution and the law,

(3) The police at national, southern Sudan and state levels, shall co-ordinate, co-operate and assist each other in the discharge of their functions, and to that end, shall recommend, through their respective authorities to the Presidency the establishment of these necessary mechanisms.

Prisons and Wildlife Services
149 (1) (a) There shall be established at the National, Southern Sudan and state levels, prison services whose functions, terms and conditions of service shall be prescribed by law,

(b) Prisons are correctional and rehabilitative institutions; treatment that is cruel, inhuman, degrading of the prisoners’ dignity, or that may expose their health to danger shall be prohibited and punishable by law.

(2) Pursuant to Article11(2) of this Constitution, there shall be established at the National, Southern Sudan and state levels, wildlife protection service whose functions and terms and conditions of services shall be prescribed by law.

The National Security Council
150 (1) There shall be at the national level a National Security Council, the composition and functions of which shall be determined by a National Security Act.

(2) The National Security Council shall define the national security strategy based on the analysis of all threats to security of the Sudan.

(3) There shall be established security committees at the Government of Southern Sudan and state levels; their composition and functions shall be prescribed by the National Security Act.

The National Security Service
151 (1) There shall be established a National Security Service that shall be charged with the external and internal security of the country; its mission, mandate, functions, terms and conditions of service shall be prescribed by the National Security Act.

(2) The National Security Service shall be representative of the people of the Sudan; Southern Sudan shall, in particular, be equitably represented therein.

(3) The National Security Service shall be professional and its mandate shall focus on information gathering, analysis and advice to the appropriate authorities.

(4) There shall be established National Security Service offices throughout the Sudan.

(5) The National Security Service shall be under the supervision of the Presidency.