Constitution-making and Human Rights in the Sudans

Constitution-making and Human Rights in the Sudans

Author: Lutz Oette

Publisher: Routledge

Published: 2018-12-20

Total Pages: 218

ISBN-13: 1317227913

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Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.


Human Rights Under African Constitutions

Human Rights Under African Constitutions

Author: Abdullahi Ahmed An-Na'im

Publisher: University of Pennsylvania Press

Published: 2013-10-09

Total Pages: 446

ISBN-13: 0812201108

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Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study. Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.


Sudan, Oil, and Human Rights

Sudan, Oil, and Human Rights

Author: Jemera Rone

Publisher: Human Rights Watch

Published: 2003

Total Pages: 772

ISBN-13: 9781564322913

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For twenty years, southern Sudan has been the site of a tragic and brutal civil war, pitting the northern-based Arab and Islamic government against rebels in African marginalized areas, especially the south. More than two million people have died and four million have been displaced as a result. In 1999, anew element radically changed the war: Sudanese oil, located in the south, was firs exported by the central government. The human price of this bonanza is immeasurable. The government, using oil revenues and aided by co-opted southerners, rained a scorched earth campaign of mass displacement, bombing, and terror on the agro-pastoral southern civilians living in and near the oil zones. The displaced number in the hundreds of thousands.


Bills of Rights and Decolonization

Bills of Rights and Decolonization

Author: Charles Parkinson

Publisher: Oxford University Press

Published: 2007-11-22

Total Pages: 314

ISBN-13: 0199231931

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"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.


The Challenge of Governance in South Sudan

The Challenge of Governance in South Sudan

Author: Steven C. Roach

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781138067752

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This book examines the issues that continue to haunt peace-building efforts in South Sudan, and proposes new ways of promoting peace and stability. This book is perfect for students, scholars and policy makers with an interest in the challenges faced by the world's newest country.


Constitutionalism in Context

Constitutionalism in Context

Author: David S. Law

Publisher: Cambridge University Press

Published: 2022-02-17

Total Pages: 611

ISBN-13: 1108570526

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With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.


Shifting Terrains of Political Participation in Sudan

Shifting Terrains of Political Participation in Sudan

Author: Azza Ahmed Abdel Aziz and Aroob Alfaki

Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)

Published: 2021-07-20

Total Pages: 102

ISBN-13: 9176714497

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This report presents elements of the development of Sudanese women’s political participation through time. It highlights several political routes from their early days until the contemporary era. The study is based on an analysis of secondary sources alongside empirical data derived from four states within Sudan, namely: Blue Nile, Central Darfur, Kassala and River Nile. Different themes are explored and they include: the meanings of political participation, women’s leadership roles, identifying structural limitations that hinder the participation of women in politics, possible avenues for women’s participation, the presence of women in politics, variations in religious interpretations and their impact on political participation, the status of the Sudanese constitution and the views of women and men on the extent that women might advance in the next elections. The report also address how the December revolution of 2018 might improve the situation for women’s political participation, since it marks a break from the earlier practices of the Islamist regime that had a severe negative impact on the freedoms of Sudanese women and their ability to engage in political activities. Political parties are considered gatekeepers for women’s access to political positions of power as they play an important role in institutionalizing women’s inclusion in politics. Ensuring that political parties in Sudan play an active role in the advancement of gender equality and the enhancement of women’s political participation is particularly important as Sudan prepares for its transition to democracy.


Constitution-Making under UN Auspices

Constitution-Making under UN Auspices

Author: Vijayashri Sripati

Publisher: Oxford University Press

Published: 2020-01-16

Total Pages: 399

ISBN-13: 0199098360

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In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.