JANUARY 15TH, 2011
SOUTH SUDAN HOTEL – 1, JUBA
1. The East African Community (EAC) responded to the invitation of the Southern Sudan Referendum Commission (SSRC) and dispatched an Observer Mission of fifteen East African Legislative Assembly (EALA) Members drawn from the five Partner States of Burundi, Kenya, Rwanda, Tanzania and Uganda. The Observer Mission carried out its activities from January 7th to 17th, 2011. This Mission was a follow up to a fact finding mission on the state of preparedness for the Referendum which had been carried out from 10th to 12th December, 2010.
2. The Mission was led by Hon. Abdul Karim Harelimana from the Republic of Rwanda, and made up of 15 delegates. These comprised of:
(a) Hon. Leonce Ndarubagiye, Hon. Manasse Nzobonimpa and Hon. Frederic Ngenzebuhoro ( Burundi);
(b) Hon. Jacqueline Muhongayire and Hon. Pierre Damien Habumuremyi (Rwanda);
(c) Hon. Otieno Clarkson Karan, Hon. Augustine Lotodo and Hon. Christopher Nakuleu (Kenya);
(d) Hon. Kate Kamba, Hon. Dr. F. Lwanyantika Masha and Hon. Dr. Aman Walid Kabourou (Tanzania); and
(e) Hon. Mike Sebalu, Hon. Dora Kanabahita Byamukama and Hon. Rtd. Major General Mugisha Muntu (Uganda); and
(f) Mr. Charles Ngeleja Kadonya – Senior Research Officer and Clerk to the Mission (EAC Headquarters – Arusha, Tanzania).
3. The objectives of the Mission were to ascertain:
(a) Whether the referendum was conducted in a peaceful, free and fair atmosphere;
(b) Whether the outcome of the Referendum reflected the will and aspirations of the people of Southern Sudan;
(c) Whether the referendum meets the benchmarks set out in the Southern Sudan Referendum Act, 2009;
(d) Whether the African Charter on Human and Peoples Rights, the AU Declaration on the Principles Governing Democratic Elections in Africa, the UN Declaration on Human Rights and the International Covenant on Civil and Political Rights; and
(e) To garner best practices which can be adopted and replicated to enrich future processes of this nature.
4. In carrying out its mandate, the Mission employed various methods, which included the following:
(a) review of literature on southern Sudan referendum process;
(b) review of media reports including radio, print and electronic;
(c) meetings and interactions with the media and various stakeholders;
(d) Field visits to Polling Centres and the locality.
5. The Mission wishes to present a press statement regarding the referendum covering the pre-referendum period (7-8 January, 2011) and the seven days of voting (9-15 January, 2011).
6. The Mission noted the following during the Pre-Referendum period:
(a) Prominent presence of local and international media; and extensive coverage of the Referendum process by local, regional and international media;
(b) High visibility of publicity materials for separation side that included count - down bill boards, banners, posters, and car stickers.
(c) General environment of calmness, peace and tranquility;
(d) High enthusiasm for separation as evidenced by hoisting of separation flags on cars, chanting and singing slogans of separation in different places such as markets, and trading centers;
(e) High influx of Southern Sudanese from Diaspora and northern Sudan flocking back home to vote;
(f) High presence of local and international observer missions including those from- the United Nations, European Union, African Union, IGAD, International Conference for the Great Lakes Region, Carter Foundation, Amani Forum; Symposium of Episcopal Conference of Africa and Madagascar (SECAM), China and Japan; among others;
(g) Presence of high profile personalities including former American President –Jimmy Carter, former UN Secretary General -Koffi Anan, Senator and former US Democratic Party Presidential Candidate - John Kerry, former South African President-Thabo Mbeki, former Tanzanian President - Benjamin Mkapa; and
(h) H.E. General Al Bashir, the President of Sudan and H.E. General Salva Kiir, the First Vice President of Sudan and the President of Southern Sudan made statements of commitments to respect the outcome of the Referendum.
7. The EAC Observer Mission witnessed large number of voters, ranging from 72 to 91 per cent of registered voters in the polling centres visited. These figures are based on reports from EAC teams deployed in four states of Central Equatorial (which includes the capital – Juba), Western Equatorial, Eastern Equatorial, and Jonglei.
8. Members of the EAC Observer Mission observed the emotions expressed by the people of Southern Sudan as they cast their votes. These emotions ranged from tearful outbursts, ululations, kissing of the ballot papers and the ground, as well as chants of joy. People stood patiently in the hot glaring sun for long hours to cast their votes.
9. At the polling centres/stations visited the EAC Observers noted that:
(a) Polling Centres were clearly identified by a yellow flag with inscriptions and writings on posters;
(b) Opening was on time at 08.00 O’clock in the morning at polling centres observed;
(c) The John Garang Mausoleum polling centre where H.E. General Salva Kiir, the First Vice President and President Southern Sudan cast his vote attracted a high number of local and international observer missions as well as high profile personalities such as Senator John Kerry;
(d) Presence of large numbers of voters across all ages and gender at the time of opening; some of whom had been at polling centres/stations as early as 03:00 am in the morning;
(e) Polling Centres/Stations were conveniently arranged to allow smooth flow of the voting process and ensure secrecy of the ballot;
(f) Transparent ballot boxes were used;
(g) Numbers of registered voters ranging from 2,500 to 3,000 at Polling stations were too big to handle;
(h) There were adequate voting materials, and electoral staff;
(i) Efforts were made to extend assistance to special groups, including mothers with children, pregnant mothers, expectant mothers, the disabled, the elderly and the illiterate; Women in some polling centers were allotted their own lines separate from men;
(j) Gender representation in the management of the referendum process was evident;
(k) High participation by the youth in the management of the Referendum process;
(l) Referendum Observers received cooperation from all the stakeholders that included the staff of Referendum Commission, security, political parties and the voters;
(m) Referendum officials exhibited knowledge regarding rules of procedures on opening, closing and counting; and
(n) Opening and closing procedures were conducted in an open and transparent manner and were witnessed by all stakeholders;
(o) Some Polling Centres/stations visited were far apart and voters had to travel long distances as far as forty five to fifty miles to vote; some had to be ferried from islands; and
(p) Security at all polling centres/stations visited was guaranteed.
10. So far, no incidences have been witnessed that have the effect of undermining the credibility of the referendum process and the legitimacy of the outcome.
11. The Mission notes with appreciation the environment of calmness, peace and tranquility under which the referendum process is being conducted.
12. In view of observations and findings, the Observer Mission recommends that:
(a) Order and peace exhibited in the Referendum process be maintained;
(b) The outcome of the Referendum be respected by all parties;
(c) Continued civic education should be undertaken for the whole population in the Government of Sudan on the post referendum phase;
(d) All parties commit themselves to handle the post referendum issues as per the time lines spelt out in the Comprehensive Peace Agreement; and
(e) The international community continues to support the implementation of the Comprehensive Peace Agreement regarding the outcome of the Referendum.
13. In conclusion, the Mission ascertains that:
(a) The referendum was conducted in a peaceful, free and fair atmosphere;
(b) The percentage realized in the voter turnout was over and above the 60 per cent required for validation of the Referendum;
(c) The outcome of the Referendum reflected the will and aspirations of the people of Southern Sudan;
(d) Referendum meets the benchmarks set out in the Southern Sudan Referendum Act, 2009; the African Charter on Human and Peoples Rights, the AU Declaration on the Principles Governing Democratic Elections in Africa, the UN Declaration on Human Rights and the International Covenant on Civil and Political Rights; and;
(e) There were a number of best practices observed which can be replicated and adopted to enrich future processes of this nature. Such best practices include:
• Provision for voting in the diaspora in the eight countries;
• Clear identification of poling centres;
• Simple and understandable voting process;
• Booth with provision for four people and secrecy maintained;
• Comprehensive civic education evidenced by publicity materials, professionalism of staff at polling stations; and
• Special provision for women voters.
14. The Mission will in the very near future present its final report to the Speaker of the EALA, the Chairperson of SSRC and other stakeholders. The final report will delve in more details on the issues and recommendations made in this interim report.
Hon. Abdul Karim Harelimana,
Head of the EAC Observer Mission
Signed on this 15th day of January, 2011
