FAQ: South Sudan referendum voting process

Background

Q: What is the 2011 Southern Sudan Referendum about?
A: The 2011 Southern Sudan Referendum will give the people of Southern Sudan the opportunity to vote for either:

– Confirmation of the unity of Sudan, or

– Secession

Provision for this Referendum was established in the Comprehensive Peace Agreement of 2005, following the end of the civil war in Sudan. The legislative framework for the conduct of the Referendum is the Southern Sudan Referendum Act (SSRA) of 2009.

Q: Where will OCV be held?
A: Out of Country Registration and Voting (OCV) for Southern Sudanese will take place in eight countries:

Australia

United States

Q: How were the eight countries selected?
A: The 2009 Referendum Act specifies the eight countries which are ‘densely populated’ by communities of South Sudanese outside Sudan.

Q: Who is running the OCV operation?
A: The Southern Sudan Referendum Commission (SSRC), a body independent from the governments of Sudan or Southern Sudan, is running the OCV operation.

Q: Who is the SSRC and why is it in charge of OCV?
A: According to Article 8 of the 2009 Referendum Act, the SSRC was established by the Presidency of the Republic immediately following the formulation of this Act. The Commission is located in Khartoum and has a Southern Sudan Referendum Bureau in Juba. The Commission comprises the Chairperson, a Deputy, and seven members appointed by the President of the Republic, with the consent of the First Vice-President, in accordance with the provisions of Article 58 (2) (c) of the Constitution and with the approval of the members of the National Legislature with simple majority. It includes women and representatives of Civil Society Organizations. For further information on the SSRC, see www.ssrc.sd

Q: What qualifications do the members of the SSRC have to meet?
A: The SSRC members meet the following requirements:

– Sudanese by birth

– Well-known for independence, competence, non-partisanship and
impartiality

– at least 40 years of age

– Of sound mind

– Literate

– Not been convicted of a crime involving honesty or moral turpitude
even if pardoned

Q: What is the International Organization for Migration (IOM)?
A: IOM is a leading inter-governmental organization in the field of migration and works closely with governmental, intergovernmental and non-governmental partners. IOM works to help ensure the orderly and humane management of migration, to promote international cooperation on migration issues, to assist in the search for practical solutions to migration problems and to provide humanitarian assistance to migrants in need, including refugees and internally displaced people. For further information on IOM, see www.iom.int

Q: Why is the IOM involved in OCV and what is its role?
A: The IOM has been asked by the SSRC to support it in conducting the OCV for Southern Sudanese in the eight countries selected. The OCV operations and the IOM’s involvement are specified in the 2009 Referendum Act. IOM is a neutral body, which is assisting the SSRC and is in regular contact with its representatives.

Eligibility and Documents

Q: Who can vote in the 2011 Southern Sudan Referendum?
A: This referendum is to decide the future of Southern Sudan. Only those Southern Sudanese who have registered during the registration period will be allowed to vote on polling day.

Q: What documents do I need to bring to vote?
A:You must bring your Voter Registration Card when you go to vote. You will not be allowed to vote without it.

Q: Do I need to prove my eligibility / identity again when I go to vote?
A: No. The Voter Registration Card proves your eligibility/identity.

Dates, Times and Locations

Q: When will voting take place and how long will it last
A: The voting in the referendum will start on 9 January and end on 15 January 2011. That means people will have 7 days to vote.

Q: Will the Referendum Centres continue to operate during public and religious holidays?
A: In general voting hours at each referendum centre will be from 8am to 5pm. The law allows these hours to be amended to allow for local circumstances so please check the times in your OCV location by clicking here.

Q: Will the period for OCV voting be the same as that for Southern Sudan?
A: The OCV voting period will take place during the same period as in Southern Sudan and have the same duration.

Q: In which areas will the Referendum Centres be located?
A: Registration and voting will be in the same location. You must vote at the same Referendum Centre where you registered. You will not be able to vote at any other place. For locations and addresses of Referendum Centres for each OCV country, please click here.

Q: Will the Referendum Centres be in neutral venues?
A: Yes. As they are the same locations and sites as were used for registration, the Referendum Centres for voting will be in neutral venues. They will not be in either embassies or Government of South Sudan (GoSS) liaison offices.

Data Management

Q: What happens to the data after registration? Do host country authorities get a copy? Does IOM keep a copy after the referendum?
A: IOM will not be providing registration information to host countries, nor will it be keeping a copy of the registration data itself once the referendum is over.

Q: Will the SSRC get a copy of the registration data / ballots once the referendum is over?
A: The SSRC will receive a copy of the registration data because the 2011 Southern Sudan Referendum is being organized by the SSRC. The IOM will not be handing any registration data or ballots over to any organisation or government body other than the SSRC.

Special Needs

Q: Can people with special needs vote? Will Referendum Centres be accessible to people with special needs?
A: Yes, all eligible Southern Sudanese people can vote even if they have special needs, so long as they registered first during the registration period. People with special needs may be those who are blind, who are physically unable to mark the ballot paper, who are elderly, who are pregnant, or who are illiterate. According to the 2009 Referendum Act, every referendum centre shall “be accessible to persons with special needs and to the elderly to exercise their right to vote.”

Q: Who can assist people with special needs?
A: According to the 2009 Act, “…people with special needs may be assisted to cast their vote in accordance with the regulations.” If a voter is blind, or is physically unable to mark the ballot paper, or whose great age demands they need assistance, then such persons may be assisted by an escort or person of their choice to help them mark the ballot behind the voting screen. If a person having no escort requests assistance, the Chairperson of the Polling Station can assist, by accompanying the person behind the voting screen, to mark the ballot, according to the preference of the voter they are assisting.

Q: What about illiterate people?
A: Illiterate voters may ask the ballot paper issuer to read out and point to the two options on the ballot paper before going behind the voting screen; but they should go behind the voting screen unaccompanied, and should mark their ballot in secrecy with no assistance.

Q: What about pregnant women?
A: Pregnant women will be able to go to the front of the queue – as will any person with any other special needs. However, all women – whether or not pregnant – may NOT be assisted to vote behind the voting screen by a father/husband/son (or anyone else) UNLESS they have a physical incapacity preventing them from marking their own ballot.

Processes – Voting

Q: Can someone else vote on behalf of a person by providing that person’s documentation?
A: No. Each person who wishes to vote and vote must do so themselves in person.

Q: Can a person register in Nairobi and vote in Sudan?
A: No. Each person must vote only in the same place where he or she also registered; having registered, each person will receive a Voter Registration Card, which they must bring with them when they go to vote. These Voter Registration Cards can only be used in the same place where registration took place. This Card must be kept safe!

Q: What happens if a registrant loses or has his or her Voter Registration Card stolen between registration and the voting procedure?
A: If a registrant loses or has his or her Voter Registration Card stolen between registration and the voting procedure, he or she will not be able to vote.

Q: Will the Voter Registration Card be essential in order to vote?
A: Yes. Remember, if you lose your Voter Registration Card you will not be able to vote. It cannot be replaced.

Q: Can a registrant vote using someone else’s Voter Registration Card? What will happen if they try?
A: No. You must present your own Voter Registration Card when you come to vote. The Polling Station Chairperson will deny the right to vote to any voter if he /she does not believe the person presenting the Card is the person whose data is recorded on the Card.

Q: Can a voter make a complaint if they are denied the right to vote for this or any other reason?
A: Yes, if an eligible voter believes he or she has been unfairly denied the right to vote, then he /she can complain to the Considerations Committee who will make a final decision within 24 hours.

Q: What if a person registers but does not cast his vote?
A: A person can register and then not vote. However the number of registered voters who turn out to vote will directly impact the validity of the Referendum. The Referendum is considered valid if 60% or more of the total registered voters turn up to vote. If this threshold is not met, the Referendum will be repeated within sixty days. (Article 41 (2) (b) of the 2009 Referendum Act refers). The 60% threshold is calculated on the total turnout (in-country and ‘other locations’) and not for each RC or country.

Q: Will Southern Sudanese living in countries other than OCV countries be able to vote? If yes, how and where?
A: Yes. Any eligible Southern Sudanese voter who has registered can vote regardless of where or in which country they currently reside. But they must ensure they can travel back to the Referendum Centre where they registered during the registration period. Those travelling to an OCV country to register and vote may have to fulfil the visa and entry requirements of that country. They must also return there to vote at the same referendum centre where they registered.

Q: Will IOM help people travel to the Referendum Centres for voting, whether financially or by organizing transportation?
A: IOM cannot help people to travel for voting. Those travelling to an OCV country to register and vote must fulfil the visa requirements of that country before they can enter the country.

Q: Will there be security provision for people at the Referendum Centres during the voting?
A: Security will be provided in conjunction with the host OCV country.

Q: Are there going to be any observers for the voting processes?
A: Yes. The SSRC is responsible for accrediting domestic, international and media observers.

Q: Will advocates of Unity or Secession be present as observers during voting?
A: It is possible that individuals who are advocates of Unity or Secession may be present as observers during voting, but only as accredited observers representing political parties or other organizations. No observers are allowed to display any sign of preference while inside the Referendum Centre.

Q: Is it possible to vote electronically by email or SMS?
A:No. The 2009 Referendum Act makes no provision for electronic voting.

Q: What will be the symbols used on the ballot to depict ‘Secession’ and ‘Unity’ during the referendum voting itself in January 2011?
A: The SSRC has decided that the following symbols will be used to represent ‘Secession’ or ‘Unity’ during January’s referendum:

Q: Who decided on these symbols and will the ballot paper look exactly the same?
A: The SSRC decided on these symbols. The design of the ballot itself will incorporate these symbols but may differ in layout. The ballot design will be announced once it has been finalised.

Q: How do I mark my ballot paper?
A: You will mark the ballot paper by putting your thumbprint in the circle that corresponds to the symbol of your choice – for separation or for unity. You must make only one clear mark on the ballot paper.

Q: What procedures are in place to prevent multiple voting?
A: Several measures are in place to prevent anyone from voting more than once: each voter will be inked with indelible ink; voters must have their Voter Registration Card to be able to vote and the Card will be hole-punched once they have voted so the Card cannot be used again; the name of the voter in the Final Referendum Register will be crossed off when he or she receives a ballot; the voter thumbprints the register beside his or her name after receiving a ballot.

Q: What are the key steps in voting?
A: Voters hands will be checked for traces of indelible ink; the Voter Registration Card is checked and the voter’s name is found in the register; Voter places thumbprint in register; Voter Registration Card is hole-punched; Voter is issued with ballot paper and marks ballot paper in secret (screen provided); Voter folds ballot; Voter has left index finger inked after placing ballot in ballot box and leaves polling station.

Q: Is my vote secret? How can this be ensured?
A: Each polling station has voting screens to facilitate efficient orderly and secret voting. The voting screens will be placed in such a way that it is impossible for anyone present inside the polling station – or in its immediate external perimeter – to see how a voter has voted.
Note: If you feel others can see how you mark your ballot you should bring this to the attention of the Chairperson of the Polling Station.

Q: Do I have to be inked to vote?
A: Yes – everyone who votes must be inked. Each voter will have his/her left index finger inked after casting his/her ballot. This is one of the measures to protect the integrity of the vote and prevent fraud.

Processes – Voting

Q: Transmission of results: What happens to the results at the OCV country level? Who tallies the results and who declares them?
A: Polling staff in each polling station will count the votes immediately after polling closes on the last day of voting (15 January 2011). Polling staff are Sudanese by birth. The results for each polling station will be exhibited at that station immediately the count is completed. After that, the results of each centre will be sent to the SSRC/SSRB in both Khartoum and Juba to be added to the results from voting in Sudan. The results will not be sent to the Government of Sudan (GoS) or the Government of Southern Sudan (GoSS) from the Referendum Centres. The SSRC will announce the preliminary and final results.

Q: Where are the votes counted?
A: The votes are counted at the polling station where they were cast.

Q: Are the votes counted at the end of each day?
A: The votes are not counted at the end of each day of polling (9 to 15 January 2011). They will be counted at the end of voting on 15 January 2011.

Q: I was told that if I didn’t vote (but had registered) that it would count as a vote for unity? Secession? Is this true?
A: No, this is definitely not true. If you decide not to vote then you are not counted for either option. However in deciding whether to vote or not, you should keep in mind that the number of registered voters who turn out to vote will directly impact the validity of the Referendum. The Referendum is considered valid if 60% or more of the total registered voters turn up to vote. If this threshold is not met, the Referendum will be repeated within sixty days.

Q: If the threshold is reached, what percentage of the results is needed in favour of one result or the other?
A: If the threshold is reached, the referendum result will be in favour of the option that obtains fifty percent plus one (50% +1) of all valid votes cast.

Q: Who will announce the results?
A: The SSRC will announce the preliminary and final results. The final results can only be announced after complaints (if any) have been heard and ruled on by the courts.

Q: How long will it take to get the final results?
A: Results at the polling station will be counted and declared and displayed immediately after polling has closed. The results are then sent to the SSRC/SSRB to be amalgamated with the results from polling stations in Sudan. The SSRC will announce the preliminary results subject to any appeals which have been lodged. The court must hand down its decision within one week. The SSRC then declares the final results no later than 30 days after the end of polling.

Q: What happens to the ballot papers after voting and counting is finished?
A: They are stored locally pending any appeals or challenges and will then be destroyed in accordance with SSRC instructions.

Q: Who can lodge an appeal about the results?
A: Any voter may lodge an appeal to the preliminary results.

Processes – Other

Q: How are polling staff being recruited?
A: Polling staff are recruited from the ranks of the staff who successfully conducted the preceding registration period and are representative of the diversity of the Southern Sudanese community in the respective host countries.

Q: Why is there not a Government of Southern Sudan (GoSS) representative alongside the IOM Country Coordinator?
A: This Referendum is being organised by the SSRC, a body independent from both the governments of Sudan and Southern Sudan. Therefore any offices or representatives which are established in the eight OCV countries will be done so by the SSRC and not the Governments of Sudan or Southern Sudan. Each OCV country has an SSRC Representative working with the OCV Country Coordinator.

Q: If I see something that is not right who can I complain to?
A: If you want to complain about something, you can inform the Chairperson of the Polling Station who will be able to guide you on the correct procedure for that complaint, or will decide what is the best course of action required. If the Chairperson is unable to satisfactorily resolve a complaint, the complainant may take the complaint to the Considerations Committee of the Referendum Centre.

SOURCE: South Sudan Referendum Commission