Home Chronology Dialogues Environmental Provisions Rights of Nature UN Documents Resources Gratitude

  • Constitution of the Republic of Sudan, 1998
  • The Interim National Constitution of the Republic of Sudan, 2005

The Interim National Constitution1 of the Republic of Sudan entered into force in 2005. Several chapters of the Interim Constitution verse about environmental issues as follows.

11 (1)”The people of the Sudan shall have the right to a clean and diverse environment; the State and the citizens have the duty to preserve and promote the country’s biodiversity.
(2) The State shall not pursue any policy, or take or permit any action, which may adversely affect the existence of any species of animal or vegetative life, their natural or adopted habitat.
(3) The State shall promote, through legislation, sustainable utilization of natural resources and best practices with respect to their management.”

23 (2)”In particular every citizen shall: (…)
(h) preserve the natural environment, (…)”

190 “The basis for a definitive framework for the management and development of the petroleum sector shall include:
(a) sustainable utilization of oil as a non-renewable natural resource consistent with:
(i) the national interest and the public good,
(ii) the interest of the affected states,
(iii) the interest of the local population in affected areas,
(iv) national environmental policies, biodiversity conservation guidelines and cultural heritage protection principles,
(c) give due attention to enabling policy environment for the flow of foreign direct investment by reducing risks associated with uncertainties regarding the outcome of the referendum on self-determination at the end of the Interim Period”

208 (1)”The Sudan People's Liberation Movement representatives appointed to have access to all existing oil contracts, shall finish their functions and duties which are prescribed by the Comprehensive Peace Agreement as soon as practicable.
(2) The term "existing oil contracts" means contracts signed before the date of signature of the Comprehensive Peace Agreement.
(3) The existing oil contracts shall not be subject to renegotiation.
(4) If existing oil contracts are deemed to have caused fundamental social consequences and environmental problems the National Government shall implement necessary remedial measures.
(5) Persons whose rights have been violated by existing oil contracts shall be entitled to compensation. Upon establishment of these violations through due legal process, the parties to the oil contracts shall be liable to compensate the affected persons to the extent of the damage caused.”

According to the Food and Agriculture Organization Legal Office’s website, the Environmental Protection Act of 2001 (only in Arabic), aims to:
a) “protect the environment, and to conserve the purity, natural components and equilibrium of the environment;
b) develop and improve the environment as well as guide the use of natural resources;
c) make a connection between environment and development;
d) assure and confirm responsibilities of the competent Authorities for the protection of the environment; and
e) activate the role of the competent Authority in environment protection.”

1. The official English version of the Interim National Constitution of the Republic of Sudan is available on the Sudan’s Embassy in Berlin’s website.