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Statute for Sudan Liberation Movement / Army

سودانيزاونلاين.كوم
sudaneseonline.com
3/17/2006 6:03pm

Statute for Sudan Liberation Movement / Army
2005

Preamble:

Sudan Liberation Movement /Army SLM/A is an national, patriotic, political and military movement , founded to achieve principles, objectives and strategies aiming at creating a Sudan of all its population , a country that respects its cultural, ethnic and religious diversity, and a country that is based on voluntary union of its regions in accordance with a federal system depending on principle of a social contract that determines the relation between the state and the citizen on the basis of freedom , justice ,rule of law, human rights, general freedoms, democracy and respect of international and regional conventions without any kind of marginalization , a country in which citizenship is the only criterion considered for gaining the nights and carrying out duties


Definitions :

The statute :- it's called (the Statue of Sudan Liberation Movement / Army , effective from time of approval by the General Congress GC
Name : Sudan Liberation Movement / Army
Emblem , Flag , Anthem , Official oath :
The Movement / army will have its emblem, Flag , and anthem

Official oath :

" I swear in the name of God to be a member in the SLM/A and carry on my duties properly and sincerely for the favor of SLM/A , comply with the general principles and the statue of SLM/A and free myself from tribalism, religion extremism and any previous affiliation to any political party , and swear to respect those known by their qualifications and faithfulness keep the secrets of the Movement, and be ready to perform all missions assigned to me in accordance with the Statute and the law. "




Chapter 1

1st : Objectives , General Principles , Basic Freedoms and the Means to achieve them .

1- SLM/A is an independent movement .
2- Liberating the Sudanese people from social , cultural, political and economic injustice.
3- Sudan is one united country with multiple ethnic groups, cultures and religions . We have to admit this multiplicity and diversity ,and believe that citizenship should be the only criterion for gaining rights and performing duties
4- Applying the federal system in the Sudan ,and the different regions must have their share in the central government according to the proportion of the population and the known international criteria
5- The government system should be based on democracy that believes in multiplicity of parties , rule of law , independent judiciary system , separation of powers, general freedoms, human rights, transparency , and accountability in public work. All Sudanese should have their shares in governing their country at all levels without discrimination for whatever reason .
6- The regional governments should have veto on all matters concerning their regions.
7- Balanced expression concerning the constituents of the Sudanese identity, and concern about national education.
8- Free democratic elections for the position of the chairman and other higher leading positions .
9- Religion is the source of spiritual inspiration for the people of the Sudan. The Sudan is for all Sudanese regardless of their religions or spiritual values , so the state should be neutral in this regard. SLM/A believes in separation of religion institutions from political ones , so that religion should not be exploited for political aims .
10- The number of population and other international criteria should be taken into consideration in sharing central powers at all levels.
11- National wealth should be divided according to the number of population and other international criteria .
11- All necessary means should be adopted to stand against and fight all kinds of political and economic terrorism and religious and ethnic extremism.
12- The less developed regions should be………..
13- Developing and growing animal , forest ,agricultural , and environmental wealth ,supporting all rural development sectors , and establishing mechanisms necessary for achieving those goals.
14- Education should be free and compulsory at all stages. Medical treatment should also be free, and there should be comprehensive programs for illiteracy eradication.
15- Reforming and restructuring the military, security and economic institutions and civil service to cope with the diversity and multiplicity in the Sudanese community as this will ensure and enhance the unity.
16- Establishing and developing civil community institutions, assuring their independence, and reforming local tribal administrations.
17- The current government is responsible for all kinds of damage and devastation taking place in Darfur disintegrating its one united community and politicizing its tribal administration.
18- Areas belonging to tribal groups and geographical boundaries between different regions should stay as they were on the independence day 1st Jan 1956
19- Rewriting the history of the Sudan, and recovering all Darfur antiquities and properties from within the Sudan and from out side the country .
20- Taking all necessary measures to give no chance to any one to escape punishment .
21- Building seed stores, establishing water projects and paving roads to support food security for the less developed regions, especially Darfur.
22- Considering the urgent needs of the displaced people when they return to their homelands, compensating those affected by the war, rehabilitating services and infrastructure, financed by the national budget programs concerning those of special needs and war victims.
23- Enhancing abilities and qualifications by establishing technical mechanisms in co-operation with the international community, voluntary organizations and other related international agencies.
24- Establishing mechanisms for child and women rights, and enact related laws.
25- Forming commissions for development and rehabilitation in Darfur, and these commissions should work under the regional governments and parliaments , and sponsored by the republic presidency.
26- Setting comprehensive strategies for rebuilding the community destroyed by war waged by the governing elites who are behind the intertribal conflicts in Darfur.
27- All Sudan regions, and Darfur particular, should have the rights of commercial, investment, cultural, sports and technical exchange besides co operation with neighboring countries without referring to the central government except in matters determined by the permanent constitution such as matters related to the national security .
28- Establishing balanced international relations based on good – neighbor policy ,respect of international conventions and mutual interests .
29- The Movement commits itself to supporting youth and child affairs , sports , environment , sciences , arts and culture .
30- The Movement commits itself to participating in developing the national economy, natural wealth and terrorism, and exploiting them for the welfare of the Sudanese nation.

2nd : Means to achieve those objectives

1- Peaceful dialogue and serious objective negotiations.
2- Civil disobedience.
3- Armed struggle.
4- Any other means determined by the statute.

3rd : General freedoms and basic rights

SLM/A believes in general freedoms and basic rights included in international conventions and agreements. And without violation the above mentioned, SLM/A commits itself to maintaining and protecting freedoms and rights below.

1- Equality among all Sudanese , based on citizenship
2- Freedom of movement in accordance with the law.
3- Freedom of religion and worship.
4- Freedom of thought , expression , publishing and press
5- Freedom of organization and meeting .
6- respect of cultural groups.
7- Maintaining public money
8- Freedom of communication and respect of privacy
9- No detention except under the law .
10- The right of access to normal court .
11- The right of defense before courts .
12- The right of election, candidacy and voting
13- The right to live protected by the law .
14- The right of social security.

Chapter 2
Membership


1st: condition :

Any Sudanese who meets the following conditions can be a member in SLM/A
1- Age not less than 18 years.
2- Must believe in objectives and principles of the Movement.
3- Must have legal capacity.

2nd : members duties

1- commitment to principles and objective of the Movement .
2- defending and supporting the Movement , and being reedy to respond to calls of duty , and spreading the SLM/A thoughts and views.
3- Respect of the statute , law and the legal institutions of the Movement.
4- Carrying out constitutional and legal duties .
5- Maintaining public money , properties and facilities and fighting corruption and devastation .
6- Commitment to democracy , rule of law and respect of hierarchical order in the Movement institutions
7- Concerning about the interests of the community and maintaining the environment , the community values, ethics, traditions and heritage .
8- Commitment to determined financial obligations .

3rd : Loss of membership


Any member can lose his membership for the following reasons:

1- If the does not fulfill all or some of the above mentioned commitments.
2- If convicted in any crime regarding honesty or faithfulness.
3- If he loses legal capacity.
4- Death.
5- Approved resignation.

4th : complaints :

whoever loses his membership or is refused to be accepted as a member , can complain in accordance with the law and the bylaws

Chapter 3
The organizational structure

1- the General Congress .
2- the Revolutionary Liberation Council.
3- The Commanding Council.
4- The Executive Authority.
5- The Judiciary.
6- The Revolutionary Liberation Forces.

Details :

The General Congress : It's the higher legislative power for the Movement / Army . And without violation of all the above mentioned, it’s authorized to :

1- Approve or amend the statue and the plans and programmers of the movement with 2 thirds majority.
2- Set policies and strategic plans for the movement
3- Elect the chairman for the Movement .
4- Elect the chainman of the General Congress and his deputy.
5- Elect the members of the Revolutionary Liberation Council.
6- Discuss and approve the report of term and the budget
7- Cal to account the Movement institutions in accordance with the statute and the law .
8- …………
9- Congress Meeting : the Congress meets every 4 years. And it can meet exceptionally if 2 thirds of the Revolutionary Liberation Council agree on that.

3rd: The Revolutionary Liberation Council

A: It's the second legislative authority to the General Congress ( GC ) . It's composed of 75 members :55 of them elected by the General Congress , 5 by virtue of their positions ,as determined by the bylaw, and 15 members chosen by the Council.


B- Authorities :

It acts on behalf of the General Congress when not in session . And it’ s responsible to set the details of the general policies approved by the General Congress . Besides that it has the following responsibilities :

1- Legislating and monitoring missions .
2- Constituting specializing commissions.
3- Approval of plans , programs and the general budget.
4- Electing the Secretary General.
5- Approval of the reports from the Auditor General
6- Verifying the bylaws approved by executive authorities.
7- Holding meetings every six months.
8- Electing form its member a chairman, his deputy and a reporter.
9- It can issue bylaws organizing its work.
10- The Chairman of the Council has the right to call for a meeting if approved by 2 thirds of the Council.
11- Decisions in the Council are taken by majority
12- Establishing Liberation Centre for strategic studies working under the supervision of the Chairman of the Council.
13- Ratifying the nomination of the Auditor General

c- the term o the revolutionary liberation is 4 years
d- the chairman and his deputy shall take official oath before the Chairman of the Movement at the General Congress. And the members of the council shall take the official oath as determined below.

I Swear in the name of God and his Holly Book to be a member in Revolutionary Liberation Council (RLC) performing my duties with honesty and faithfulness, and attending the Council sessions , acting without tribalism or fanaticism , and respecting the statute and the law

e- loss of membership

1- End of the term
2- Approved resignation.
3- If the member is convicted in honesty or faithfulness crimes
4- If he loses his legal capacity.
5- Death.

Immunity of the member:

The member f RLC enjoys immunity, and no legal proceeding should be taken against him unless there is a written approval from the Chairman of the Council. Exception to that is if the is caught red- handed .


4th : the commanding council:-

It's the highest authority in the Movement consisting of six members by the virtue of their positions.
1- The Chairman of the Movement .
2- The Deputy Chairman of the movement .
3- The Secretary General .
4- The General Commander .
5- The Head of the Judiciary .
6- The Chief of Staff.

Duties :
1- declaring war and martial laws .
2- ratifying agreements .
3- ratifying the selection of negotiating delegations.
4- Mobilizing financial , military and political support .
5- Declaring military , political and social mobilization .
6- Setting the general policies for the Movement.
7- The Secretary General , by the virtue of his position, is the reporter of the Council.
8- The Chairman of the Movement is the Chairman of the Council , by the virtue of his position .
9- Issuing bylaws.
10- The Council appoints the Auditor General after approval of the Revolutionary Liberation Council .

5th: the executive authority ( general secretariat )

It's the highest executive authority in the Movement and consists of the following:-
1- Secretary General.
2- Deputy Secretary General.
3- Secretary for organization and administration affairs
4- Secretary for political and negotiation affairs
5- Secretary for foreign affairs.
6- Secretary for financial and economic affairs.
7- Secretary for media affairs.
8- Secretary for constitutional and legal affairs.
9- Secretary for social affairs.
10- Secretary for human affairs.
11- Secretary for cultural and intellectual affairs.
12- Secretary for development and construction affairs.
13- Secretary for women and child affairs.
14- Secretary for habilitation and tainting affairs.
15- Secretary for military and security affairs.
16- Secretary for general services affairs.
17- Secretary for students’ affairs.
18- Secretary for applied research affairs.

C – The Chairman of the Movement

He is the top leader of the Movement his term is 4 years renewable for one other term . He is the Higher Commander of the army, police and other forces and is responsible for maintaining the security and the integrity of the territories of the Movement as well as its sovereignty, supervising over the international affairs , executive, legal and judicial authorities . Besides the above mentioned , he has the following responsibilities :

1- Ratifying nominations for constitutional positions.
2- Presiding the Commanding Council.
3- Ratifying the declaration of war.
4- Ratifying constitutional and law amendments approved by the GC or RLC
5- Representing the Movement in the international relations with countries and international organizations, and delegating power to the Movement delegates.
6- Nominating advisors after consulting the Commanding Council.
7- Ratifying the nomination of the secretaries.
8- Supervising, directing and following – up all levels of executive , organizational political and military authorities.


D- conditions for candidacy for the position of the Chairman

1- The candidate must be a member in SLM/A .
2- Has a good history and record in work with the Movement
3- Not less than 30 years of age .
4- With the good conduct and has never been convicted in crimes concerning honesty or faithfulness .

The elected Chairman

1- He is the one who wins the highest number of votes at the General Congress .
2- He should take the official oath before the GC prior to assuming power.

The official oath is as follows :

I swear in the name of God and His Holly Book to assume my position, perform my duties with honesty and faithfulness , work for the advancement of the Movement and for achieving the objectives and aims included in the statute, keeping myself away from any tribalism , fanaticism , personal interest, respecting the statue , and all laws , conventions and democracy and accept advice.

Vacuity of the Chairman position
1- End of term.
2- Resignation approved by the commanding council and ratified by the RLC.
3- Dismissal, in accordance with the statute and the law.
4- Loss of legal capacity.
5- Death.
6- If, for any reason, the position of the Chairman becomes vacant , his deputy resumes temporally , and must call for extraordinary meeting of the GC in not more than 60 days to elect a new chairman .

F- Immunity for the Chairman

1-No criminal proceedings shall be taken against the Chairman without written permission issued by the Commanding Council . Legal procedures then to be taken before ad hoc court constituted by decree from RLC
2- The RLC should take notice by any verdict against the Chairman to decide on it .
3-The GC can , with the majority of 2 thirds of its members ,dismiss the Chairman if he is convicted before the ad hoc court.
4-Whoever is harmed by the decisions taken by Chairman can appeal to :
 Higher Court of the Movement if the appeal is related to violation of rules of the Statute
 Before a normal court if the appeal is related to violation of the law


Deputy Chairman of the Movement :

1- elected by the GC and acts on behalf of the Chairman during his absence
2- performing missions delegated to him by the Chairman as determined by the law
3- advising and assisting the Chairman
4- his term is 4 years

The position of the Deputy Chairman becomes vacant:
same cases as mentioned above about the Chairman position . He also enjoys the same immunity and takes the official oath as the Chairman does.

The Secretary General:

He is the top executive leader with the following responsibilities:

1. By the virtue of his position as the Secretary General , he is the Reporter of the Commanding Council
2. Promulgating the bylaws organizing the work of the Executive Authority
3. Nominating his deputy and the secretaries
4. Setting the plan of the general budget
5. Receiving periodical reports from the different secretaries and submitting them to the RLC and GC
6. presenting periodical and extraordinary reports to the Commanding Council
7. Approving general policies and programs presented to him by the secretaries
8. Suggesting treaties ,agreements , plans and law bills
9. Forming specializing committees to achieve certain missions
10. Carrying out any missions delegated to him by the Commanding Council

The Official Oath for the Secretary General that should be taken before the RLC

I swear in the Name of God and His Holly Book to assume my responsibility as the Secretary General of SLM/A, perform my duties with honesty and faithfulness, work hard to achieve the goals of the Movement without tribalism or fanaticism, respect the rule of law and accept advice


Position of the Secretary General becomes vacant:

1. End of term
2. Resignation approved by the RLC
3. Termination of the Secretary General by decision from the RLC
4. If the Secretary General loses his legal capacity
5. Death


Individual and common responsibilities of the Executive Authority:

1- The Secretary General and the other secretaries ,at the individual level and jointly are responsible for performance of the Executive Authority.
2- Deputy Secretary General acts on behalf of the Secretary General, assists him in performing his duties and takes the same official oath the Secretary General takes.

8th :The responsibilities of the Secretaries:
1. Every secretary is responsible for the performance of his secretariat
2. Secretaries are responsible for implementing the plans and programs of their secretariats
3. Participating in conducting scientific studies and plans
4. Submitting reports about the performance of their secretariats to the Secretary general
5. The secretaries take the same official oath taken by the Secretary General

6. Coordination between the different secretaries

The position of the secretary becomes vacant :

1. End of term
2. Resignation approved by the secretary General
3. termination in accordance with the law
4. loss of legal capacity
5. death

Deliberations of the Executive Authority should be secret , and should not delivered outside ,except by permission from the secretary General




Chapter 4
Judiciary


1- The Judiciary is an independent authority responsible for settling conflicts in accordance with the Statute and the law
2- The Head of the Judiciary , by virtue of his position is the Chief of Justice in the Higher Court and the Higher Judiciary Council
3- the Head of the Judiciary is responsible to the Higher Judiciary Council for the performance of his duties
4- Judges are independent in carrying out their duties, and no one should have influence over their judgments
5- The judges should seek guidance from the Statute and the law
6- The Higher Judiciary Council is responsible for planning, supervising over the judiciary, recommending judges to be appointed by the Commanding Council, determining the levels of the judges and termination of service, setting the budget of the Judiciary ,and planning and giving advice about law bills.

7- The Judiciary consists of the Higher Court, appeal courts and courts of first instance. The judiciary law determines the different sections of the Judiciary, the responsibilities and any other related matters.

8- The Judiciary Council selects the Head of the Judiciary and his deputy. They take official oath before the Commanding Council with the presence of the Higher Judiciary Council.

9- The Judiciary Council is responsible for nominating the Head of the Judiciary and all other judges.

10- The authorities of the Movement are responsible for executing the judgments pronounced by magistrates.

11- 6-Liberation Center for Studies and Strategic Planning:

12- A center for studies and strategic planning should be established ,and should consist of 15 members who are experienced and experts in different fields.
13- Without violating any of the above mentioned, the Center is responsible for strategic planning, and giving advice to the different authorities of the Movement.
14- The Center submits the strategic plans and studies it conducts to the RLC
15- The Center holds meetings twice a year, and elects ,from its members , the head of Center and a reporter
16- The bylaws determine the duties and responsibilities of the Center
17- The RLC nominates the members of the Center

Chapter 5
Legal Consultants, Attorneys and Lawyers


1- Legal consultants working with the Movement are responsible for applying the values of justice, protecting private and public rights, giving advice and providing legal services to the Movement and the public. They work under the supervision of the Secretary General through the secretariat of the legal affairs.
2 Lawyers should work to protect the values of justice, rights and legality. They should stand against injustice, look for ways for conciliation between parties ,be neutral and unbiased, provide legal support to those who need it . The law determines the conditions for joining legal profession.


Chapter 6
Revolutionary Liberation Forces
RLF

1st -Sudan Liberation Army –SLA:
1. It is a military force of a national structure , responsible for implementing the military policies of the Movement, maintaining the liberated territories and securing them, participating in construction activities , protecting the properties of the Movement and maintaining the Statute
2. The law determines the establishment of military courts , their capacities and their legal and military services.

2nd -Liberation Police:
• Regular forces of the movement , of Notional structure, responsible for keeping security of the Movement and the public, fighting crimes, protecting properties, working in disaster management, Maintaining the ethics of the community and public discipline.
3rd- Liberation Security
• The security is a regular force, of national structure, responsible for maintaining internal and foreign security of the Movement, monitoring the related events, analyzing them and giving recommendations for protective measures.
1. The Law determines the regulations for the security forces and conditions for joining this sector.

Chapter 7
Financial affairs

Revenues:
1- Members’ contributions
2- Grants and unconditioned loans
3- War gains
4- Taxis and Duties
5- Any other revenues approved by the RLC


Income and Expenditure

1. A department for general auditing will be established
2. The RLC will nominate the Auditor General
3. The Auditor General is responsible for auditing the statement of accounts on periodical basis in accordance with the law and the bylaws
4. The Auditor General submits his annual financial statement to the RLC

Chapter 8

General Rules

1. The following factors should be considered in the structure and hierarchy of the Movement:
a) Selection of best people known by their good history and achievements
b) Qualification and experience
c) Representation of women at all levels by not less than 25 percent
2. The law determines the allowances benefits and bonus for the Chairman, his deputy , advisors , members of RLC, m embers of the Commanding Council, members of the Executive Authority, members of the Judiciary and other positions.
3. This Statute becomes effective after being passed by the GC and the signing of the Chairman
4. No article of this Statute shall be passed, repealed or amended except with the approval of two thirds of the GC in session
5. In case of contradiction, resolutions issued by higher authorities becomes dominant over those issued by lower authorities
6. Laws and legislations should be reviewed to become consistent with the rules of this Statute
7. In case of contradiction between the rules of this Statute and the law and bylaws ,the rules of the Statute will be applied

Testimony:


The 2nd General Conference for SLM/A held in at Haskanita in the Eastern Sector of the Liberated Territories in Darfur 28Oct.-4Nov.2005 testifies that it has passed this Statute for SLM/A on the 1st of Nov.2005.


Signature ………….
Name Ibrahim Ahmed Ibrahim
Chairman of the 2nd GC of SLM/A
Haskanita –Friday 4th November 2005


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