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

PART EIGHT: INDEPENDENT NATIONAL INSTITUTIONS AND COMMISSIONS

The National Constitutional Review Commission

140 (1) The National Constitutional Review Commission shall continue to perform its functions as prescribed by the Comprehensive Peace Agreement.

(2) The Presidency may review the composition and functions of the National Constitutional Review Commission.

National Elections Commission

141 (1) There shall be established, within one month after the adoption of the National Elections Law, a National Elections Commission composed of nine independent, competent, non-partisan, impartial and representative personalities to be selected and appointed by the President of the Republic in accordance with Article 58 (2) (c) herein.

(2) The National Elections Commission shall be the only body to assume the following functions:-

(a) prepare the general electoral roll and pursue its annual revision,

(b) organize and supervise, in accordance with the law, the elections for the President of the Republic, the President of Government of Southern Sudan, Governors, the National Legislature, Southern Sudan Assembly and state legislatures in accordance with the law,

(c) organize and supervise any referendum in accordance with this Constitution without prejudice to Articles 183 (3) and 220 (2) herein,

(d) perform any other relevant electoral functions as may be prescribed by law.

(3) The National Elections Law shall specify general rules and procedures to govern elections as well as functions and terms and conditions of service of the National Elections Commission.

Human Rights Commission

142 (1) The President of the Republic shall, after consultation within the Presidency, establish an independent Human Rights Commission consisting of fifteen independent, competent non-partisan and impartial members. Their appointment shall be representative. It shall be independent in decision making.

(2) Representative of relevant government organs shall take part in the deliberations of the Commission in advisory capacity.

(3) The Human Rights Commission shall monitor the application of the rights and freedoms provided for in the Bill of Rights and shall receive complaints on violations thereof.

(4)The Human Rights Commission may express opinion or present advice to State organs on any issue related to human rights.

(5) The law shall specify the functions, powers, procedures, terms and conditions of service of the Commission.

Public Grievances Chamber

143 (1) There shall be established an independent body, to be known as the Public Grievances Chamber. Its chairperson and members shall be nominated by the President of the Republic from among persons of competence and integrity and approved by the National Assembly. The Chamber shall be responsible to the President of the Republic and the National Assembly.

(2) Without prejudice to the finality of judgments, the Chamber shall consider complaints relating to grievances suffered by citizens in relation to State institutions. The Chamber shall consider grievances only after exhausting all means and stages of litigation by the complainant.

(3) The Chamber shall make recommendations or propose remedies to the Presidency. The Chamber may on its own motion recommend to the Presidency or the National Assembly any measures it deems fit to ensure efficiency, justice or probity in the performance of the national governmental institutions in coordination with the various State organs.

(4) The law shall regulate the functions, procedures, terms and conditions of service of the members and employees of the Chamber.