Constitutional Charter for the Transitional Period, 2019 (Sudan), Article 57 (Freedom of expression and the right to access the internet)

The Constitutional Charter for the Transitional Period of 2019 (the Draft Constitutional Charter for the 2019 Transitional Period, signed on 17 August 2019 and subsequently amended to incorporate the 2020 Juba Peace Agreement) served as Sudan's interim constitution following the removal of Omar al-Bashir. Its bill of rights is notable in the African context for an express digital guarantee: Article 57 provides that every citizen has the unrestricted right to freedom of expression, to receive and publish information and to access the press, and, distinctly, 'the right to access the internet', in each case without prejudice to public order, safety and morals as defined by law. The explicit constitutional 'right to access the internet' is unambiguously digital-specific language and squarely meets the inclusion bar for a dedicated Digital Rights entry; it is complemented by Article 55 (right to privacy). The Charter incorporated the international human-rights treaties to which Sudan is party into its bill of rights. The practical force of Article 57 is, however, gravely compromised. Even under the transitional government, Sudan recorded extended internet shutdowns (including a weeks-long disruption in 2019), and the Cybercrime Combating Law (2018, amended 2020) has been used against critics under 'false information' provisions, in direct tension with the constitutional guarantee. The Charter's constitutional status has been further destabilised by the October 2021 military takeover, which suspended parts of the document, and by the armed conflict that erupted in April 2023; the operation of the transitional constitutional order is therefore disrupted and contested. This entry is recorded as the most recent Sudanese constitutional text expressly guaranteeing internet access, without overstating its current practical enforceability. Original language: Arabic (official); English translation (WIPO Lex / constituteproject) consulted.

1. 1Article 57, unrestricted freedom of expression, to receive and publish information, access the press, and the express 'right to access the internet', subject to public order/safety/morals as defined by law
2. 2Article 55, right to privacy
3. 3Incorporates ratified international human-rights treaties into the bill of rights
4. 4Inclusion-bar basis: explicit constitutional 'right to access the internet' (digital-specific)
5. 5Practical force undercut by documented internet shutdowns and by the cybercrime law's 'false information' offence
6. 6Constitutional order disrupted and contested following the October 2021 takeover and the April 2023 conflict, current enforceability not overstated