The Formation of the Peace Government in Sudan

Osama Saeed

In light of the critical political conditions that Sudan has been experiencing since the (October 25th, 2021) coup, and through the (April 15th, 2023) war that resulted in widespread destruction and led to an unprecedented political and constitutional collapse, the formation of a civilian government emerges as an urgent national and legal necessity. This proposed government not only aims to confront the illegitimate authorities based in Port Sudan, but also aims to preserve the unity of Sudan and achieve comprehensive peace.

This particular development comes within the framework of strong legal foundations and national motives that cannot be postponed.

Legal Arguments for the Formation of a Peace Government

1. The Constitutional Illegitimacy of Port Sudan Authorities

Following the (October 25th, 2021) coup, the military authority has suspended the implementation of a number of fundamental articles in the (2019 Constitutional Document), which consequently stripped away its purport and undermined the legitimacy of the existing regime itself. Amongst these vital articles are; (11, 12, 15, 16, 24, 71, 72), which establish the legislative and executive authorities as well as define their powers. Suspending these articles deprives the current authorities in Port Sudan of any legitimate constitutional basis, and emphasizes the need to form a new government based on the legitimacy of the December Revolution and broad political consensus.

2. Violation of the Principle of Separation of Authorities

The absolute control practiced by the military authority and its allied militias over the executive, legislative and judicial authorities is a clear violation of the principle of separation of powers, which is one of the fundamental principles of democratic governance. The (2019 Constitutional Document) established a foundation for civilian rule based on the distribution of powers among State institutions. With its suspension, the de facto authority in Port Sudan is considered a clear violation of the aforementioned principle, which -therefore- nullifies its legitimacy.

3. Reliance on an Interim Transitional Constitution

Following the (2021) coup and the consequent suspension of the (2019 Constitutional Document), the need for an interim transitional constitution to form a peace government emerges. This constitution derives its legitimacy from the consensus of the political, civil and professional forces that contributed to the December (2018) revolution, and constitutes a legal framework that ensures the restoration of civilian rule and democratic transformation. The awaited government will rely on this transitional constitution to achieve legitimacy and build the State.

4. Consensual Legitimacy of the Revolutionary Forces

The legitimacy on which the new government is based comes from the consensus of the political, civil and professional forces that express the will of the Sudanese people. This consensus reflects the goals of the December revolution in achieving freedom, peace and justice. In addition, it establishes a strong legal foundation for a government that represents the aspirations of the Sudanese people and redirects the country towards the path of civilian transformation.

National Motives for Forming the Peace Government

1. Achieving Peace and Ending the War

One of the most prominent national motives for forming a Peace Government is to end the armed conflict that broke out on (April 15th, 2023). This ongoing war seriously threatens the security and stability of Sudan. The proposed government will seek to pressure the Port Sudan authorities to accept a comprehensive political settlement that stops the war and redirects the country towards the path of peace. This isn’t limited to being a political demand, but a broad popular desire to stem the bloodshed and achieve stability.

2. Preserving the Unity of Sudan

The measures adopted by the authorities in Port Sudan threaten the unity of Sudan, especially with the idea of establishing a “State of the sea and the river” in areas under the control of the Sudanese Armed Forces (SAF); gaining momentum. Forming a government for peace and national unity is a crucial step to preserve the unity of the country and prevent any attempts of division. The awaited government will prioritize the unity of Sudan above all else, and will put forth diligent efforts to address the challenges that threaten the cohesion of the State through dialogue and national reconciliation.

3. Guaranteeing the Constitutional Rights of Citizens

One of the most prominent national reasons for forming a new government is to ensure the restoration of citizens’ constitutional rights, which were violated by the actions of the Port Sudan authorities. These rights include; obtaining identification documents, freedom of movement, the stability of the national currency, and a unified educational process for the sons and daughters of Sudan. A new, strong government will restore these rights to the Sudanese citizens, and will put forth diligent efforts to reform national institutions in order to ensure that everyone enjoys their fundamental rights.

4. Protection of Civilians and Delivery Humanitarian Assistance

Sudan is facing a humanitarian crisis that requires an effective government to protect civilians and ensure the delivery of humanitarian aid. The new government will be committed to protecting civilians from armed conflict, and will work to provide health care, food, and shelter to affected citizens. In addition, the government will cooperate with international organizations to ensure the fair and comprehensive distribution of humanitarian aid in all affected areas.

In Conclusion

The Formation of a government in Sudan has become a national and legal necessity to confront the illegitimate authorities in Port Sudan, and restore the legitimacy of the December revolution. In light of the current authority’s lack of constitutional legitimacy, and taking into consideration the national motives that include achieving peace and preserving the unity of Sudan; the formation of this government is an indispensable step. The new government will redirect the country towards the path of democratic transformation, guarantee the rights of citizens, and work to build a civil State where justice and peace prevail.