2011 South Sudan Referendum: Southern Sudan Referendum Act Draft
16 min readSouthern Sudan Referendum Act Draft
• Draft Southern Sudan Referendum Act for a year in 2009 pursuant to the provisions of the Interim National Constitution of the Republic of Sudan for the year 2005, passed the National Legislature and the President signed the following law:
• Chapter I Introductory provisions, the name of the law and commencement 1. This law is called Southern Sudan Referendum Act for the year 2009», and works from the date of signature.
Explanation:
• In this Act, unless the context otherwise requires:
Referendum: means the process of taking the opinion of residents of Abyei area in accordance with the provisions of the Constitution and the law.
• Secretariat: means the Secretariat of the Abyei Referendum Commission provided for in Article 19 of this Law.
• Card register: means the registration card issued by the Abyei Referendum Commission to prove registration in the referendum.
• Ballot: means the card issued by the Abyei Referendum Commission to enable the voter to exercise their right to referendum.
• Outreach Program: Outreach Program is intended for the referendum provided for in Chapter V of this law to educate and inform residents of Abyei Area for the referendum and how to exercise their right to do so.
• Convention: means the Comprehensive Peace Agreement signed on the ninth of January for the year 2005 between the Government of the Republic of Sudan and the Sudan People’s Liberation Army and the Sudan People’s Liberation Army Sudan.
• Constitution: means the Interim National Constitution of the Republic of Sudan for the year 2005.
• Government: means the Government of National Unity set forth in Chapter V of Part III of the Constitution.
• Government of Southern Sudan: means the Government of Southern Sudan established in accordance with the Convention and Chapter I of Part atheist ten of the Constitution and Chapter IV of the Interim Constitution of Southern Sudan for the year 2005.
• President of the Commission: means the President-designate and in accordance with the provisions of Article 16 of this Law.
• Vice President: is meant by the Deputy Chairperson of the Commission appointed in accordance with the provisions of Article 16 of this Law.
• Chairman of the Commission on the Status of the referendum: means the referendum commission president, the Center appointed in accordance with the provisions of Article 23 of this Law.
• Chairman of the Sub-Commission: means the referendum commission president, the province appointed in accordance with the provisions of Article 23 of this Law.
• Register referendum: means the record prepared by the Office of the referendum, which includes persons who are entitled to vote in the referendum in accordance with the provisions of the Constitution and the law.
• Member: means the member of the Office of the Abyei referendum provided for in this Law.
• Sub-Commission: means the Sub-Commission for the referendum in the province set out in Article 23 of this Law.
• Court: means any of the courts which are formed by the head of the national judiciary in the Abyei area at the request of the Presidency by the Abyei Protocol.
• Center of the referendum: means a status determined by the Referendum Commission to conduct the registration and polling and counting and counting and the result was announced.
• Commission: means the area of Abyei Referendum Commission established under the provisions of Article 8 of this law.
• Corrupt practices: means any of the practices provided for in Chapter V of this law.
• Voters: is all Sudanese meets the conditions set forth in Article 25 of this law.
• Abyei area: means the geographical area set forth in Presidential Decree No. 18 of 2009 for the adoption of resolution Permanent Court of Arbitration at The Hague.
• District: means the administrative unit of local government area of Abyei.
Application of 3 – The provisions of this law on the referendum organized by UNHCR in cooperation with the Government and the Government of Southern Sudan to monitor an international six months, on the ninth of January 2011, the end of the transitional period and in accordance with the provisions of the Constitution and the law.
• Chapter II: The right of self-determination and the referendum exercise the right of self-determination 4. Exercise the people of South Sudan the right to self-determination through a referendum to determine their future in accordance with the provisions of the Comprehensive Peace Agreement and the Constitution and the law.
Referendum 5. Hold the referendum provided for in Article 4 above, in southern Sudan and other sites six months before the end of the transitional period, organized by UNHCR, in collaboration with the Government and the Government of Southern Sudan and the international control.
• The referendum option 6. Vote the people of South Sudan when exercising the right to self-determination through a referendum vote, either:
(1) to confirm the unity of Sudan and the sustainability of the system of government established by the Comprehensive Peace Agreement and the Constitution, or (2) separation.
Appropriate environment for the exercise of the referendum 7. To ensure freedom of the will of the people of South Sudan to express their views in accordance with the provisions of Article 6 above, at different levels of government commitment to creating an appropriate environment for the exercise of the referendum and are as follows:
• (A) Ensure the existence of the environment and security conditions are appropriate for the preparation and organization of the free exercise of the right of self-determination.
(B) Ensure freedom of expression for all members of the Sudanese people in general and South Sudan, especially to enable them to disseminate their views on the referendum through the media and any other means.
(C) To ascertain the existence of freedom of assembly and movement of all the people of South Sudan in accordance with the provisions of the Constitution and the provisions of this law.
(D) Ensuring the presence of members of IGAD and its partners and representatives of the United Nations and the European Union and the African Union and other international bodies as witnesses to the signatories of the Comprehensive Peace Agreement to be observers for the referendum.
(E) To ensure the presence of local civil society organizations and regional and international surveillance of all procedures for the awareness campaign for the referendum.
(F) Ensure that the registered political parties wishing to under the law of political parties of the year in 2007, organizations and groups adhering to the Comprehensive Peace Agreement had been given equal opportunities to express their views on the two referendum options.
(G) To ensure awareness and voter registration and the protection and guarantee their right to vote by secret ballot without fear or awe.
• Chapter III Office of UNHCR headquarters and structure of 8.
(1) Establish the Presidency immediately after the issuance of this law, called the Office of the «Office of the referendum for southern Sudan» have legal personality and common seal and the right to sue in its name.
(2) The UNHCR headquarters in Khartoum and have an office in Juba, Southern Sudan Referendum.
(3) The structure of the Office of the following:
(A) the headquarters of the Office.
(B) Office of the referendum for southern Sudan.
(C) The Secretariat.
(D) High Commissions of the referendum mandates.
(E) Sub-committees of the provincial referendum.
(F) The polling stations.
• The independence of the Commission 9. UNHCR should be financially and administratively independent, technical, and exercise all its functions and powers stipulated in this law in full independence and impartiality, transparency and integrity, and prohibits any party to interfere in its affairs and its terms of reference or limitation of powers.
Composition and membership of the Commission 10.
(1) Consists of the Office of President, Vice President and seven members appointed by the President with the consent of Senior Vice President and in accordance with the provisions of Article 58 (2) (c) of the Constitution and with the consent of the members of the National Legislature by a simple majority, taking into account the breadth of representation to women and other civil society organizations.
• (2) Must be available in the member is that the following conditions:
(A) be a Sudanese by birth.
(B) Is known for its independence, efficiency and non-partisan and impartiality.
(C) Under the age of forty years.
(D) Be of sound mind.
(E) Be able to read and write.
(F) Not have been convicted of a crime involving honesty or moral turpitude, even if pardoned.
(3) Term of office expires at the end of the transitional period the Commission or as provided in Articles 11 and 12 below.
(4) Each of the chairman and his deputy on the basis of a full-time.
Vacancy 11.
(1) Free office in the Office of any of the following reasons:
(A) a decision under the provisions of Article 12 below.
(B) Accept the resignation by the Presidency.
(C) Mental or physical illness crippling medical certificate from the medical board.
(D) Death.
(2) In the case of vacancy of a member of any of the reasons mentioned in item (1) above, the selection of a successor at a maximum period of thirty days the same procedures and conditions set forth in Article 10 (2) of this Act.
Terminate the membership or insulation 12.
(1) Membership shall be forfeited by the President with the consent of the First Deputy of any of the following reasons:
(A) frequent absences of five consecutive meetings without permission or an acceptable excuse to lift the UNHCR report this to the presidency.
(B) Conviction of a crime involving honesty or moral turpitude upon notification by the Commission.
(2) The President of the Republic with the consent of First Vice-resolution version of the removal of any member because of inefficiency in terms of reference for UNHCR and its powers and procedures of the recommendation of the Commission.
Department chairman and his deputy and members of the Commission 13. The president and his deputy and other members of the Commission following oath before the President of the Republic:
(As I am in the Office of Southern Sudan Referendum I swear by Almighty God that I will perform my duties and responsibilities faithfully and impartially, and full independence without any favoritism or bias to any party and abide by the Constitution and the law of God and the helper / God is my witness.
• Functions and powers of the Commission 14.
(1) The Office will provide security and ensure the enjoyment of all without distinction as voters exercise their right of free opinion in a secret referendum on self-determination shall be in accordance with the provisions of the Constitution and the law.
(2) Without prejudice to the generality of the provisions of paragraph (1) above, the Commission functions and powers as follows:
(A) organizing the referendum and supervision in accordance with the provisions of the Constitution in collaboration with the Government and the Government of Southern Sudan.
(B) Prepare a register of the referendum and the revision and adoption, save, and issuance of registration card.
(C) Identification of polling stations of fixed and mobile as the case in accordance with the provisions of this law.
(D) General controls of the referendum and to take operational measures to do so.
(E) Establish procedures for the organization of the referendum and the adoption of the observers.
(F) Identifying measures and systems, schedule and registration centers and polling in the referendum as well as to identify systems of discipline and freedom, justice and confidentiality in the conduct of polling and registration and monitoring the guarantor for that.
(G) Discipline Statistics and tabulating the ballots and control systems preliminary results of the referendum and declare the final result of the referendum.
(H) The deferral of any compelling circumstance referendum approval of the Government and the Government of Southern Sudan and to identify new dates have, in accordance with the provisions of this law.
(I) Cancel the referendum result in any polling station on the decision of the court if it is proved the occurrence of any corruption in the health of the proceedings in that status at the unwinding and re-organize the vote in her position at a maximum of seven days from the date of the decision.
(J) To circulate the questionnaires, forms and models used in the voting process, and processing of documents required for a referendum or official national languages commonly used in southern Sudan, as determined by the Commission.
(K) To take necessary action against any person who commits such acts is one of the corrupt practices and to take appropriate action against any employee or in case of breach of the provisions of this Act or regulations issued there under.
(L) The preparation, design and printing of the ballot paper in the form of a simple and clear.
(M) Forming committees to set forth in this law to assist them in carrying out its functions and terms of reference and powers of those committees and working procedures.
(N) The staff of the referendum and the registration and determine their functions and powers, supervision and in accordance with the provisions of this law.
(O) Approval of the annual budget and balance of the referendum.
(P) Approval of organizational and functional structure of the Office of the Secretariat and the allocation of the Secretary-General and the conditions of service and submit it to the presidency of the Republic for approval.
(P) Address all issues or liabilities or actions relating to registration or voting or counting or counting in the referendum.
(U) Appointment of members of the Office of the referendum of Southern Sudan on the recommendation of the Office of the President of the referendum of Southern Sudan.
(R) the appointment of chairmen and members of the High Commissions recommendation of the Office of the referendum of Southern Sudan.
(Z) to issue regulations that define the modalities for the coordination of the employment relationship with the Office of the referendum of Southern Sudan and the Secretariat.
(Y) The exercise of any other functions as may be necessary for the referendum.
(3) The mandate of the Office any of the powers of its president or vice president or the Office of the referendum for southern Sudan or any of its members or its committees and in accordance with the conditions and regulations as it deems appropriate.
Commission meetings 15 (1) the Commission held regular meetings regularly, and may convene an extraordinary meeting at the invitation of its Chairman or a written request submitted by one third of the members.
(2) The quorum for any meeting attended by more than half of the members.
(3) Decisions of the Commission by a majority vote of the members present in the case of an equality of votes for the chairman of the meeting a casting vote.
(4) The Commission would publish a list of internal organization and procedures of its meetings.
Terms of reference of Commission President and his deputy, 16 (1) The Chairman of the Commission the following functions:
(A) chair the meetings of the Commission.
(B) Representation of UNHCR to others.
(C) Follow the implementation of the resolutions of the Commission.
(D) To recommend to the presidency after the approval of the Commission appointed by the Secretary-General and determine allocations and privileges.
(E) To supervise the work of UNHCR.
(F) To raise the annual budget approved for the presidency.
(G) Perform any other functions entrusted to it by the Commission.
(2) A Vice-Chairperson of the Commission the following functions:
i. Behalf of the Commission President in his absence.
ii. The Office of the Presidency of the referendum of Southern Sudan.
iii. Exercise any other functions delegated by the President or his Office.
Immunity of the head and his deputy and members of the Commission 17. Except in cases of flagrante delicto, it may not take any criminal proceedings against the Commission President or his deputy or any member for any act of the performance of duties assigned to them under the provisions of this Act, except after obtaining written permission from the presidency.
The Office of the referendum for southern Sudan and its terms of reference 18.
(1) The Office of the Office of the referendum in southern Sudan called the Office of the referendum of Southern Sudan to be a Commission Vice-President as its Chairman.
(2) The Office of the referendum of Southern Sudan from the Chairman and four members appointed by the Commission recommendation of the President Office of the referendum of Southern Sudan who are eligible for membership contained in Article 10 (2) of this Act.
(3) Without prejudice to the provisions of Article 15 of this law, the Office of the following functions:
(A) coordination between UNHCR and the High Commissions of the referendum in southern Sudan.
(B) The direct supervision of the work of the High Commissions in South Sudan, and ensure the integrity and transparency of the referendum in respect of registration and polling and counting and counting and the compilation and announcement of results.
(C) Recommend to the Office of the appointment of committees on mandates a referendum in southern Sudan.
(D) Appointment of chairmen and members of the subcommittees and staff of the referendum in the states of Southern Sudan on the recommendation of the heads of High Commissions in the U.S. in accordance with the provisions of this law and regulations.
(E) To ensure the availability and receipt of all logistical requirements and aids, tools, machinery and delivery of high commissions for the Referendum in southern Sudan, to ensure the delivery of sub-committees and centers of registration or voting, as the case may be.
(F) Compile the results of the referendum of the High Commissions of the referendum in southern Sudan and announced and then sent to the Office.
(G) Any other functions assigned to it by the Commission.
Secretariat and its terms of reference 19.
(1) The Office of the General Secretariat headed by Secretary-General appointed by the President with the consent of the First Deputy, on the recommendation of the Commission.
(2) The Secretariat shall be accountable to the Commission in the performance of its executive and administrative, financial, and according to regulations.
(3) The Secretary-General to open and account management on behalf of UNHCR in Sudan\’s Central Bank or the Bank of Southern Sudan, or any other bank approved by the Bank of Sudan or the Bank of Southern Sudan in accordance with the terms of proper accounting in place and is filed all amounts received in the Office as soon as possible in the calculation nor may withdraw any amount of it without prior permission from the competent authority.
(4) The Secretary-General to provide and maintain the books of accounts and balances and management in a systematic manner and in accordance with the standards and the foundations of sound accounting.
(5) Separate regulations, the terms of reference and functions of the Secretary-General.
UNHCR’s budget and accounts 20.
(1) The Commission is an independent budget, according to the principles applicable in the State and submits Commission President after approval by the Office of the Presidency to be included within the annual budget of the State.
(2) UNHCR maintains regular accounts and records of income and expenditure in accordance with the principles of accounting assessments.
(3) Without prejudice to the provisions of paragraph (2) above, the Commission applied the law of financial and accounting procedures and applicable regulations issued there under.
Audit Commission 21. The National Court of Audit or his authorized representative, under the supervision of the audit of UNHCR at the end of each financial year, and after the end of the referendum process to be placed before the National Assembly.
• Chapter IV organization of the referendum and procedures of the first section high commissions and sub-centers of the referendum and the staff of the referendum the composition of the upper and terms of reference and powers of 22.
(1) the recommendation of the UNHCR Office of the Southern Sudan Referendum configure High Commissions in accordance with the provisions of item (2) below and the appointment of chairmen and members of these committees at the level of Southern Sudan.
(2), each consisting of a higher committee in the state of a Chairman and four members that meet the following conditions are that:
(A) be a Sudanese by birth.
(B) Is known for its independence, efficiency and non-partisan, impartiality and integrity.
(C) Under the age of forty years.
(D) Be of sound mind.
(E) Be able to read and write.
(F) Not have been convicted of a crime involving honesty or moral turpitude, even if the enjoyment of the amnesty.
(3) The Commission has the independence and impartiality of the Supreme and transparency in the exercise of all its functions and powers under the provisions of this Act, taking into account the provisions of paragraph (5) below shall not to interfere in its affairs and its work and functions vested in them under the provisions of this law, regulations and orders issued there under.
(4) The President of the Supreme Committee in charge of the referendum in the state.
(5) The Committee shall be responsible to the Office of the Supreme referendum for southern Sudan in the exercise of powers provided for in item (6) below.
(6) Specializes in the Supreme Committee as follows:
(A) formation of sub-committees with the consent of the Office of the provincial referendum for southern Sudan (b) supervision of sub-committees for the referendum within the state concerned and the implementation of any directives issued by the Commission or the Office of the referendum of Southern Sudan in accordance with the provisions of this law and regulations.
(C) To provide guidance and supervision of sub-committees in all the procedures of the referendum within the state concerned.
(D) All disciplines directly related to the referendum and the authorities delegated to the Office or the Office of the referendum for southern Sudan.
(E) The staff of the polling stations on the recommendation of each sub-committee in the province concerned.
(7) The Prime Minister and members of the upper section the following text to the head of the UNHCR and The Prime Minister and members of the Subcommittee of the referendum before the section head of the referendum for southern Sudan:
«I swear by Almighty God that Audi is my duty fairly and in the referendum and the secretariat of a single, transparent and fair without bias or Kidd to one of the helper, God is my witness.
• The formation of committees, subcommittees and polling stations 23.
(1) The High Commission with the consent of the Office of the referendum of Southern Sudan to form sub-committees in each province and specify the functions and powers.
(2) The Supreme Committee on the recommendation of the Sub-Commission on the composition of the committees polling stations to conduct the registration and polling and counting and counting and the result was announced.
(3) Apply the same conditions set forth in Article 22 (2) above to members of the subcommittees and committees polling stations.
(4) The Chairman of the Subcommittee responsible for the referendum on the procedures for the referendum in the province.
(5) The President of the Commission on the Status of the referendum is responsible for actions of the referendum in the center.
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