The Formation of a Peace Government in Sudan: Legal Justifications and National Imperatives for Restoring Legitimacy

Sudan has been in a state of political turmoil since the October 25, 2021, coup, which escalated into the devastating conflict that erupted on April 15, 2023. This war has led to unprecedented political and constitutional collapse, making the formation of a civilian government an urgent national and legal necessity. Such a government would not only counter the illegitimate authorities currently entrenched in Port Sudan but also work towards preserving the country’s unity and achieving comprehensive peace. The legal foundations supporting this initiative are robust, and the national imperatives driving it are too critical to be delayed.

Legal Justifications for the Formation of a Peace Government

1. The Loss of Constitutional Legitimacy by Port Sudan Authorities

Since the October 25, 2021, coup, the military authority has suspended key provisions of the 2019 Constitutional Document, effectively nullifying its legal framework and dismantling the legitimacy of the current regime. The suspension of fundamental articles (11, 12, 15, 16, 24, 71, and 72), which define the roles of the legislative and executive branches, has stripped the ruling authorities in Port Sudan of any constitutional legitimacy. This necessitates the establishment of a new government that derives its authority from the December Revolution and a broad political consensus.

2. Violation of the Principle of Separation of Powers

The military and allied militias have taken full control of Sudan’s executive, legislative, and judicial branches, in direct violation of the fundamental principle of separation of powers, a cornerstone of democratic governance. The 2019 Constitutional Document had established a framework for civilian rule with distributed authority among state institutions. However, its suspension has led to an extraordinary situation where power is concentrated in the hands of a single faction, further reinforcing the need for a legitimate civilian government.

3. The Need for an Interim Constitutional Framework

With the 2019 Constitutional Document effectively dismantled following the 2021 coup, Sudan now requires an interim constitutional framework to facilitate the formation of a legitimate peace government. This constitution should derive its legitimacy from the collective will of political, civil, and professional forces that played a key role in the December 2018 Revolution. Such a framework would provide a legal basis for restoring civilian governance and initiating a democratic transition.

4. The Revolutionary Consensus as a Source of Legitimacy

The legitimacy of a new government should not be solely grounded in legal arguments but also in the revolutionary consensus among Sudan’s political and civil forces. This government must embody the aspirations of the Sudanese people, rooted in the principles of the December Revolution: freedom, peace, and justice. It should be established through broad political agreement, ensuring that it genuinely represents the will of the people.

National Imperatives for Forming a Peace Government

1. Ending the War and Achieving Peace

One of the primary national motivations for forming a peace government is to put an end to the ongoing armed conflict that erupted in April 2023. This war has jeopardized Sudan’s security and stability, leading to widespread humanitarian suffering. A new government would be empowered to engage in serious negotiations to achieve a comprehensive political settlement, halting the bloodshed and restoring stability to the nation.

2. Preserving Sudan’s National Unity

The actions taken by the authorities in Port Sudan threaten Sudan’s territorial integrity, especially with increasing discussions about the formation of a so-called “State of the Sea and the River” in areas controlled by the military. Establishing a peace and national unity government is a critical step toward preserving the country’s cohesion and preventing any moves toward fragmentation. The new government must prioritize national unity, addressing the challenges that threaten Sudan’s territorial integrity through dialogue and national reconciliation.

3. Restoring Citizens’ Constitutional Rights

One of the most pressing national reasons for forming a new government is to restore the constitutional rights of Sudanese citizens, which have been severely undermined by the actions of the Port Sudan authorities. These rights include access to legal identification documents, freedom of movement, currency stability, and a unified educational system for all Sudanese children. A legitimate government would work to restore these rights and reform national institutions to ensure that every citizen enjoys their fundamental freedoms.

4. Protecting Civilians and Ensuring Humanitarian Aid Distribution

Sudan is facing a dire humanitarian crisis that necessitates the presence of an effective government capable of protecting civilians and ensuring the equitable distribution of humanitarian aid. A new government would be committed to safeguarding civilians from armed conflict and ensuring access to healthcare, food, and shelter for affected populations. Additionally, it would collaborate with international organizations to guarantee fair and efficient distribution of aid across all affected regions.

Conclusion

The formation of a new government in Sudan is no longer a matter of political choice but a national and legal necessity to counter the illegitimate authorities in Port Sudan and restore the legitimacy of the December Revolution. The loss of constitutional legitimacy by the current regime, combined with urgent national priorities such as achieving peace and preserving Sudan’s unity, underscores the need for immediate action. A newly established peace government would set Sudan back on the path toward democratic transition, safeguard citizens’ rights, and lay the foundation for a civilian state governed by justice and peace.