Constitutional dimensions of minority rights and the rights of peoples in the Sudans

This chapter provides an account of minorities and peoples in Sudan, examining the recognition, and protection, or lack thereof, of their rights in Sudan’s constitutional history. It examines the degree to which the constitutional order and legislative and institutional frameworks have responded to apparent concerns and ensured the effective protection of rights in different contexts. The chapter seeks to assess the coherence and effectiveness of approaches to the protection of minority rights and peoples’ rights taken in Sudan. It focuses on linguistic, cultural and religious minorities, non-discrimination, and equality before the law, with a primary focus on the constitutional framework, jurisprudence and national policies. The chapter also examines whether minority rights are historically included in the Bill of Rights of various constitutions, including the Interim National Constitution 2005, and whether minority groups have been accorded substantive protection. It analyses the right to self-determination in Sudan, with particular reference to South Sudan’s referendum and secession in 2011