The Transitional Constitution of the Republic of the Sudan, was ratified; and subsequently signed, on 9th July, 2005, at the Republican Palace Garden, Khartoum. This was according to the provisions of the Comprehensive Peace Agreement (CPA) (2005), between the Sudanese Government and the Sudanese People Liberation Movement (SPLM).
The Transitional Constitution was promulgated, to cover the Transitional period of six years. It contained the setting of the nature of the State; which was provided for, as an independent republic, with its own sovereignty. It is a democratic and decentralized State, with diverse Cultures and Languages where various elements; races and religions co-exit. Hence, the unity of the Sudan, is instituted on the free will of its people; and that religion, beliefs, traditions and conventions are the sources of the moral power and inspiration for the people. Moreover, the cultural and social diversity of the Sudanese people, is the base of national integration and solidarity.
The Constitution adopted the Islamic Shariaa and Convention, as the sources of legislation, on the national levels. It is applied to the Northern Sudan States. Likewise, the Constitution provided that the popular reconciliation, the values and conventions of the Sudanese people, their traditions and religious beliefs, are the source of legislations which were promulgated on the national levels; and are applied in the Southern Sudan and its states. The Constitution also provides for the establishment of the Government of National Unity, for the implementation of the Comprehensive Peace Agreement (CPA). The Government Of Southern Sudan (GOSS) was, also, to be established, in the limits of the borders of same, which existed since the First of January, 1956. It also provided for self-determination, for the South, through a Plebiscite – before six months of the end of the Transitional period – either for confirming the unity of the Sudan, or the Separation.